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Reasons
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(영문) 서울동부지방법원 2015.11.24 2015가단101567
보증금반환
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million and 5% per annum from January 16, 2015 to February 9, 2015.

Reasons

1. Facts of recognition;

A. On March 3, 2011, the Plaintiff drafted a lease agreement (Evidence 1-1) with the Defendants stating that “The Plaintiff shall lease deposit KRW 70 million for the lease deposit, KRW 280 million for the monthly rent, and between March 31, 2011 and March 30, 2013 for the lease period” with the terms that the Plaintiff shall lease from the Defendants “one column for the Seoul Songpa-gu D and the first floor shutner store (hereinafter “instant store”).

B. Defendant B, on the date of the instant lease agreement, prepared and provided to the Plaintiff a receipt stating that “70 million won was paid in full by the completion of the monthly rent deposit of the instant store.”

C. From March 31, 2011, the Plaintiff operated a mobile phone sales store at the instant store. On January 2, 2015, the Plaintiff entered into a contract with Nonparty E to transfer the instant store at KRW 48 million, and the terms of the said contract with the real estate owner include the lease deposit deposit amounting to KRW 40 million and monthly rent amounting to KRW 2.8 million.

The Defendants returned KRW 40 million to the Plaintiff as the lease deposit, and E paid KRW 48 million to the Plaintiff as the premium.

E. On January 15, 2015, the Plaintiff delivered the instant store to the Defendants.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 2-1 and 2, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion was paid KRW 40 million out of the lease deposit of KRW 70 million by the Defendants, and the Defendants are jointly and severally liable to pay the remainder of the lease deposit of KRW 30 million to the Plaintiff and the damages for delay.

B. The Defendants asserted that they initially leased the instant store to F, and received KRW 30 million as premium in the status of the operator of the previous store as the owner of the building and the owner of the building as the lease deposit. The Defendants later received KRW 40 million as the premium. The entire deposit amount is KRW 70,000,000,000,000 from F to recover the premium.

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