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1. The defendant shall pay 6,00,000 won to the plaintiff and 20% per annum from March 6, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On June 15, 2012, C and D entered into a lease agreement with the Defendant on the first floor E (hereinafter “instant store”) on the condition that the lease deposit was KRW 10,000,000, monthly rent, KRW 400,000, and the term of lease was from July 10, 2012 to July 9, 2014.
B. On April 15, 2013, the Defendant entered into a contract with the Plaintiff on the acquisition price of KRW 24,000,000 (including lease deposit of KRW 10,000) for the instant store and its subsequent facilities, etc. (hereinafter “instant transfer/acquisition contract”).
C. Accordingly, as between the Plaintiff and the Plaintiff on April 17, 2013, the Defendant determined the instant store by July 9, 2014, the period of sub-lease 6,000,000 won per month, 440,000 won per month, and the period of sub-lease 4,00,000 won, and further, the Plaintiff entered into a sub-lease contract on the condition that the lessor and the new contract are to be set up (hereinafter “sub-lease contract”).
The Defendant delivered the instant store to the Plaintiff on the same day, and the Plaintiff paid KRW 14,000,000,000 to the Defendant as the deposit for sublease deposit and premium, etc. on the same day.
E. On July 23, 2014, the Plaintiff handed over the instant store to the lessor.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 10, the purport of the whole pleadings
2. Determination:
A. According to the fact of recognition of the return of the sublease deposit, the instant sublease contract is deemed to have expired on July 9, 2014, and thus, the Defendant is obligated to pay to the Plaintiff 6,000,000 won of the sublease deposit and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 6, 2014 to the date of full payment after the delivery of the copy of the complaint of this case.
B. 1) Whether the Defendant returned the premium, etc. to the Plaintiff’s assertion) according to the instant sub-lease contract, the Defendant is normal to the instant store.