beta
Text
1. The defendant shall pay 89,800,000 won to the plaintiff and 20% per annum from November 13, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 25, 2012, the Plaintiff entered into a lease agreement with C as between KRW 85,00,000, and the term of the lease from October 19, 2012 to October 19, 2014 (hereinafter “instant lease agreement”).
B. The Defendant purchased the instant real estate from C on June 5, 2013 and completed the registration of ownership transfer on the 10th of the same month.
C. Around July 2014, the Plaintiff should have a director prior to the expiration of the instant lease agreement to the Defendant, and thus, notified the Plaintiff of the refund of the lease deposit on the date when the Plaintiff moved.
On August 19, 2014, the Defendant returned KRW 5,000,000, which is a part of the lease deposit, to the Plaintiff.
E. On August 27, 2014, with respect to F building 101 in Ulsan-gun, Ulsan-gun, the Plaintiff entered into a lease agreement between October 2, 2014 and October 1, 2016 (hereinafter “after-speed lease agreement”) with respect to the lease deposit amounting to KRW 95,000,000,000 as well as KRW 9,00,000,000 as contract deposit.
F. After concluding a follow-up lease agreement, the Plaintiff notified the Defendant of the return of KRW 80,000,000,000 as a director on October 2, 2014.
G. The Plaintiff completed the preparation for directors on October 2, 2014, but the Defendant did not pay the remaining lease deposit amount of KRW 80,000,000 to the Plaintiff, as well as the remaining lease deposit amount of KRW 80,000 to the Plaintiff even after the expiration of the instant lease contract period on October 19, 2014.
Accordingly, the Plaintiff spent KRW 500,000 for directors’ expenses without directors on October 2, 2014, and KRW 300,000 for brokerage fees following the subsequent lease contract execution. The Plaintiff is subject to forfeiture of the down payment of KRW 9,00,000 for the subsequent lease contract, and the said contract was reversed.
H. The Plaintiff’s real estate of this case to the Defendant around November 26, 2014.