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Reasons
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(영문) 서울중앙지방법원 2018.05.18 2017가합550716
임대차보증금
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1. Defendant C’s KRW 20,800,000 as well as 5% per annum from February 1, 2018 to May 18, 2018.

Reasons

1. Facts of recognition;

A. 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

) The Gwanak-gu Seoul Special Metropolitan City E building (hereinafter referred to as the “instant commercial building”).

2) The term “building No. 1” refers to the term “building No. 201”, “202, 203, 204, 205, 207, and 208 (hereinafter collectively referred to as “each of the above units”).

Defendant B is the owner of the instant building. As to the Plaintiff and the instant building No. 1 on January 19, 2017, the term of the contract is between February 1, 2017 and January 31, 2018; the term of the lease deposit is KRW 26,00,000 (excluding value-added tax and management expenses; and the terms of advance payment for the rent of one year) and the lease contract (hereinafter “instant first lease contract”).

(2) Defendant C is the owner of the instant building Non-dong Nos. 304, 305, 310, and 311 (hereinafter referred to as the “instant building No. 2”).

On January 19, 2017, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the Plaintiff and the instant building No. 2, with the term of the contract from February 1, 2017 to January 31, 2018; KRW 100 million; KRW 6,000,000 per month of rent; and Defendant C leased the instant building to the Plaintiff.

3) From December 2015, the Plaintiff again concluded the first and second lease contract of this case as seen above, when using the instant building Nos. 1 and 2 as an apartment publicity hall for the apartment to be sold to it, and the lease term expires. (b) The Plaintiff paid KRW 200 million to the Defendant B and the deposit KRW 100 million to the Defendant C according to the instant first and second lease contract, but did not pay the agreed rent. (c) On May 1, 2017, the Plaintiff delivered the instant building Nos. 1 and 2 to the Defendant B and C. [based on recognition] without dispute, the Plaintiff did not have any entry or video (including any number number; hereinafter the same shall apply) as stated in the evidence Nos. 2 and 7.

- The purport of the whole pleadings

2. The plaintiff's assertion.

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