임대차보증금 및 약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 30, 2010, the Plaintiff agreed to waive the Defendant’s right to claim reimbursement of the necessary non-profit-making cost of the instant commercial building (hereinafter “the instant lease agreement”) by setting the lease deposit amount of KRW 5 million from the Defendant, KRW 400,000 per month, and KRW 5 million per month to rent the commercial building located in Gwangju-si (hereinafter “instant commercial building”). At that time, the Plaintiff paid the Defendant the lease deposit amount of KRW 5 million to the Defendant.
B. On February 28, 2011, the Defendant agreed to terminate the instant lease agreement with the Plaintiff upon the Plaintiff’s request.
C. On February 28, 2011, through D, the Plaintiff received KRW 5 million in total from the Defendant as a deposit for lease and premium (including the acquisition money, such as the establishment of the store in this case; hereinafter the same shall apply) of KRW 5 million in the name of the deposit for lease, and received KRW 3 million in the name of additional premium from the Defendant around April 1, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion (i) is obligated to pay the Plaintiff the lease deposit amount of KRW 5 million according to the termination of the instant lease agreement, and on April 1, 2011, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 4 million, which is the amount equivalent to the Plaintiff’s expenses incurred in relation to the instant commercial building. As such, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 3 million (i.e., KRW 5 million (= KRW 4 million), as the Plaintiff seeks, at the request of the Plaintiff (i.e., KRW 5 million), KRW 3 million (i.e., KRW 1 million) around February 28, 201, KRW 1 million (payment KRW 2 million) and damages for delay.
⑵ 판단 ㈎ 임대차보증금 청구에 관한 판단 원고가 2010. 5. 30. 피고와 사이에 이 사건 임대차계약을 체결하고 그 무렵 피고에게 임대차보증금 500만 원을 지급한 사실, 그 후 이...