임대차보증금반환
1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Basic Facts
On September 1, 2010, the Plaintiff leased the lease deposit amount of KRW 70,00,000, monthly rent of KRW 370,000 (in addition to value-added tax, KRW 29,000 for each month), and from September 29, 2010 to September 29, 2015 (60 months) from the Defendant, the Plaintiff paid the said lease deposit to the Defendant.
(hereinafter “instant lease agreement.” On December 11, 2010, the Plaintiff and the Defendant stipulated a special agreement to modify the terms and conditions of the instant lease agreement (hereinafter “instant special agreement”). The key contents are as follows.
The contract term shall be adjusted from five years (from September 29, 2010 to September 29, 2015) to two years and nine months (from September 29, 2010 to June 29, 2013).
The rent (3.7 million won) shall be adjusted from December 29, 2010 to October 29, 201.
[The rent of 2.8 million won shall be 370,000 won, which shall be deferred for ten months (900,000 won x 10 months)] 12% per annum at the time of arrears of the rent.
Accordingly, from January 29, 201 (the month of January 201) to April 29, 2011 ( April 2011), the Defendant issued a tax invoice stating the value of supply of rent 3,700,000, tax amount of 370,000, and amount of credit outstanding amount of 90,000,000, respectively, to the Plaintiff.
On the other hand, around May 201, the Defendant, at the Plaintiff’s request, consulted on the method of reducing the monthly rent to KRW 2,00,000 (hereinafter “instant consultation”). After May 201, the Plaintiff paid KRW 2,200,000 to the Defendant from May 201. In this regard, the Defendant issued a tax invoice stating the amount of KRW 2,00,000, the amount of KRW 200,000, the amount of KRW 200,000, and the amount of credit receivable to the Plaintiff, respectively.
The plaintiff tried to restore the building of this case to its original state, such as removal, painting, electric lighting construction, etc. at the time when the term of the instant lease contract expires, but to deliver the building of this case to the defendant. However, according to the defendant's cadastral records that the restoration to original state