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1. The Defendant’s KRW 27,800,000 as well as 6% per annum from November 20, 2018 to November 21, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 5, 2014, the Plaintiff provided D with KRW 40,00,00,000, monthly rent of KRW 1,300,000 (excluding value-added tax, KRW 20,000) for the lease deposit, and KRW 40,00,000 for the lease term from November 20, 2014 to November 20, 2016 (hereinafter “first lease contract”), and opened “G” in the instant building.
B. The Defendant’s representative director H entered into a contract on behalf of D at the time of the first lease contract as D, and was paid in his account as the tea of the said lease contract. The Defendant purchased the instant building from D on July 13, 2015 and completed the registration of ownership transfer on the same day.
C. On November 5, 2016, the Defendant succeeded to the first lease contract, and leased the instant building to the Plaintiff by setting the lease deposit of KRW 40,000,000, monthly from November 20 to November 19, 2017, monthly from November 20, 2016 to November 19, 2017, monthly from November 20, 2017, and KRW 1,500,000 (each value-added tax, separate 20 days), the lease term from November 20, 2016 to November 19, 2018.
(hereinafter “No. 2 lease contract”). D.
The Plaintiff closed the “G” around October 31, 2018, started to remove the interior of the instant building, and completed the removal of interior facilities, excluding signboards, around November 19, 2018, and delivered the instant building to the Defendant. However, the Defendant did not refund the lease deposit under the second lease contract to the Plaintiff due to the water leakage generated from the wall of the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1-5 and 7, the purport of the whole pleadings
2. The cause of the claim and the judgment thereof
A. According to the above recognition of the claim for return of deposit for lease, the second lease contract expires, and the defendant, barring any special circumstance, is at KRW 40,000,000, the deposit amount of the above lease contract to the plaintiff.