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1. The Defendant’s KRW 145,00,000 as well as 5% per annum from June 26, 2019 to July 23, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On October 11, 2016, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to lease C and D (hereinafter “instant real estate”) with the term of lease from November 4, 2016 to November 3, 2018, lease deposit amounting to KRW 145 million, and tenant E with the Korea Land and Housing Corporation.
(hereinafter “instant lease agreement”). B.
The Plaintiff entered into a credit insurance contract of rental housing with the Korea Land and Housing Corporation with the following contents:
(hereinafter “this case’s insurance contract”). The information about the lessor of the Korea Land and Housing Corporation: The prime contract subject to insurance in accordance with an individual prime contract: The prime contract period for which the lease period is renewed from January 1, 2016 to December 31, 2016: The details of guarantee from January 1, 2016 to December 31, 2018: the details of the prime contract for the repayment of the lease deposit by the lessor: the lease agreement for the lease of the former rental housing;
C. On December 28, 2018 after the expiration of the lease term, the occupant E under the instant lease agreement attempted to know the fact of eviction from the instant real estate to the Defendant via an intermediary, but did not contact with the Defendant.
E completed a move-in report to another address on January 3, 2019, and the situation where contact with the Defendant continues, the present password was delivered to the broker of the instant lease agreement.
Although the term of the instant lease agreement expired, the Defendant did not refund the lease deposit to the Korea Land and Housing Corporation, the Korea Land and Housing Corporation demanded the Plaintiff to pay the lease deposit amounting to KRW 145 million, and the Plaintiff paid the said money to the Korea Land and Housing Corporation on June 25, 2019.
[Ground of recognition] Unsatisfy, each entry or image of Gap evidence 1 through 11 (including additional numbers), and the fact-finding results with respect to the Korea Land and Housing Corporation, the purport of the whole pleadings
2. Determination
A. The instant lease agreement is concluded.