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Reasons
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(영문) 광주지방법원 2016.07.08 2014가단58622
임대보증금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 33,748,691 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2014 to July 8, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (formerly: New Co., Ltd.) is the contractor that newly built D buildings containing Seo-gu, Seo-gu and C ground D buildings 202 (hereinafter “instant stores”) (hereinafter “instant buildings”), and the Boba Holdings Holdings Co., Ltd. (hereinafter “B”) is the implementer of the business that sells the instant building, and the Defendant was sold the instant store from Boba Holdings around January 5, 2012.

B. On January 14, 2013, U.S. Holdings: (a) the lease deposit amount of KRW 50,000,000 (in lieu of the balance of the sale price that the Defendant is required to pay to U.S. Holdings); (b) the lease deposit amount of KRW 3,630,000 (including value-added tax); (c) the lease period of the instant store was fixed from January 14, 2013 to January 13, 2014; and (d) the lease agreement was concluded as of January 14, 2013.

AB concluded the agreement.

C. On February 14, 2013, U.S. brokerage is the Defendant’s rent. The same year

3. 14. Each 3,630,000 won was paid.

The Plaintiff, in lieu of the unpaid construction cost for the construction of the instant building from the U.S. P. Holdings, agreed to receive a lease deposit return claim against the Defendant of U.S. P. Holdings based on the lease agreement on January 14, 2013.

Accordingly, on March 12, 2013, the Plaintiff entered into a contract with the Defendant to lease the instant store at KRW 45,000,000 (including KRW 5,000,000 as compensation for damages for the termination of the lease contract at KRW 50,000,00) (including value-added tax) and then to lease the instant store at KRW 3,630,000 (including value-added tax) from March 14, 2013 to January 13, 2014.

In addition, on March 25, 2013, U.S. Holdings transferred to the Plaintiff the obligation to return KRW 45,000,000 of the lease deposit under the lease agreement of Jan. 14, 2013 against the Defendant of U.S. Holdings.

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