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1. The Defendant’s KRW 59,050,00 for the Plaintiff and 5% per annum from October 1, 2012 to September 4, 2015.
Reasons
1. Basic facts
A. C (one-time D) around August 2005 entered into a lease agreement with the Defendant on the lease deposit amount of KRW 200 million for the first floor of the E-ground building (hereinafter “the instant building”), monthly rent of KRW 700,000 (excluding management expenses and value added tax), and two years for the lease term of the instant building; and F et al. operated clothing sales business in the instant building.
B. On August 2007, F, upon the expiration of the above lease agreement, recovered the amount equivalent to the above lease deposit it invested.
C around that time, borrowed KRW 200 million from the Plaintiff, and paid it to the Defendant as a deposit for lease, and re-leased the instant building.
C. On August 2007, the Plaintiff prepared a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the following retroactively from August 26, 2005.
Article 3 (Lease Deposit) (1) A lessee shall be charged KRW 200 million with a lease deposit at no interest on the lessor, but shall pay an amount equivalent to 10% of the lease deposit, along with the establishment of the lease contract, as the down payment, first pay the remainder by the date when the lease period begins.
Article 4 (Rents and Management Expenses) (1) A lessee shall pay 7 million won per month rent by no later than 31st day of each month, and shall pay 550,000 won per month.
(Value-Added Tax separate). The foregoing deposit shall not be unpaid until September 1, 2007, provided that the period of guarantee expires at the time that the monthly tax is not overdue, but that only the change of name will be made.
D. Around September 30, 2009, C entered into a lease agreement with the Defendant to increase the monthly rent of KRW 1.5 million (hereinafter “lease agreement”). E.C operated the instant building on or before May 2012. Around that time, C operated the instant building, and delivered the said building to the Defendant upon the expiration of the lease contract period. The Defendant is the amounting to KRW 140 million for the overdue rent of KRW 200 million from the lease deposit to the time.