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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from August 14, 2012 to October 7, 2015.
Reasons
1. Basic facts
A. On October 14, 2006, the Defendant concluded a contract to lease (hereinafter “instant lease contract”) with the Seoul Mapo-gu Seoul Mapo-gu Seoul Da shopping mall 208 (hereinafter “instant shopping mall”) on KRW 100 million and KRW 3 million monthly rent, and the period from November 14, 2006 to November 13, 2008 (hereinafter “instant lease contract”).
B. At the time of the conclusion of the above lease agreement, E remitted the deposit amount of KRW 100 million to the account in the name of the Plaintiff, a parent of C.
C. The commercial building of this case was unregistered at the time of the above lease, and on February 11, 2008, the F&N made registration of ownership preservation and entered the ownership transfer registration with the Plaintiff as its owner on October 31, 2008.
E, after completing business registration under the name of Defendant and E’s G, operated a restaurant in the instant commercial building, and transferred the instant commercial building to the Plaintiff on November 13, 2008 upon the expiration of the lease term. During the lease term of this case, most of the instant commercial building was paid by transferring it from the Plaintiff’s account to the Plaintiff’s account, and transferred it from the Defendant or G account managed by E.
E. E filed a lawsuit against the Defendant seeking confirmation of lessee as Seoul Central District Court 2010Gahap121737, and the said court rendered a ruling of recommending reconciliation on June 13, 201, stating that “The right to lease of this case is confirmed to E,” and the said ruling became final and conclusive on July 1, 2011.
F. Meanwhile, the Plaintiff’s husband H settled KRW 100,000,000 per month from July 11, 2009 to December 27, 2008 to August 27, 2009 with the interest accrued from the delay in repayment.
Provided, That in the event of repayment, E shall settle the management expenses.
“The” has drawn up and issued a note of payment.
G. Accordingly, around October 2009, E filed a lawsuit claiming the return of the lease deposit against the Plaintiff’s husband H (Seoul Central District Court 2009Kadan398206) with the Plaintiff’s husband H, but the lawsuit on January 11, 201 is above.