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1. The defendant shall pay to the plaintiff 124,596,540 won and 74,596,540 won among them, from June 26, 2010 to the day of full payment.
Reasons
1. The following facts are acknowledged as follows: there is no dispute between the parties, or as a whole in light of the purport of the entire pleadings as to Gap evidence Nos. 1, 4, and Eul evidence Nos. 1, 7, and 11.
A. On September 29, 2008, the Plaintiff leased the entire building on the 6th underground floor located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by Nonparty B (hereinafter “Lessee”) to Nonparty B, and paid the entire amount of the deposit for the lease of the city in full. The Plaintiff leased the entire building on the 6th underground floor located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) to KRW 500 million, monthly rent, KRW 21 million (excluding surtax).
B. On April 8, 2010, the Plaintiff and Nonparty D and the lessor agreed to terminate the Plaintiff’s lease agreement on the instant building and enter into a new lease agreement with the Plaintiff (hereinafter “instant lease agreement”). However, the lease deposit amounting to KRW 131,111,220 (the remainder after deducting the debt incurred until termination from KRW 500,000) that the lessor is obligated to return to the Plaintiff is paid to the lessor as the down payment and intermediate payment of the instant lease agreement with the Plaintiff (hereinafter “D’s loan obligation”), and the remainder of the lease deposit amounts to KRW 368,88,780 is paid to the lessor by May 7, 2010 (the remainder of the lease deposit amounts to KRW 368,88,780).
C. After the instant lease agreement, the Defendant concluded a sublease contract with D on the same terms as the instant lease agreement with respect to the entire building of this case (hereinafter “the instant sublease contract”), and made a repayment of KRW 500 million to the Defendant, by June 25, 2010, with the repayment of KRW 131,111,220,00,000, as D’s loan debt, until June 25, 2010, and the remainder paid directly to the lessor in lieu of the remainder of the lease deposit under the instant lease agreement.
Accordingly, the defendant delivered to D a written statement of performance (No. 1, hereinafter referred to as the "written statement of performance of this case") as follows.
The note of performance is above.