매매대금반환
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
(b)on March 31, 2019, the term of lease shall be delivered to the lessee on March 31, 2019, and shall be from the date of delivery until March 30, 2021 (24 months);
Article 7 [Presumed Performance of Obligations and Compensation for Damages] If a lessor or lessee fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
In such cases, the parties to a contract may claim damages from the other party, respectively, due to the cancellation of contract, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.
[Matters of Special Agreement]
1. A lease shall be made in the current state of the above objects, and a house for restaurant is made by a lessor;
Provided, That the object desired by the lessee shall be the key to be used by the lessee.
6. The remainder of the rental deposit shall be the repair key after payment for the remainder of the rental deposit, and the monthly rent for the repair period shall not be paid.
** The monthly rent calculation date is April 1st**
C. On March 19, 2019 through December 21, 2019, the Defendant consulted on the scope of removal of the floor, kitchen, interior room, etc. within the instant store (hereinafter “internal facilities”) and the allocation of expenses therefor. As a result, the Plaintiff decided to remove the internal facilities and equipment at the expense of KRW 1.5 million and the Defendant’s KRW 3 million, and around that time, the removal business entity who was requested by the Defendant to remove the said facilities and equipment was to perform the relevant duties on March 25, 2019 through March 27, 2019.
On March 22, 2019, the Plaintiff requires an additional time to establish a line and ventilation facility to use the instant store for the purpose of a warehouse. As such, the Plaintiff requested the Defendant to exempt the instant store from being rent for about 10 days from April 1, 2019, which was the initial date of commencing the instant lease contract. However, the Defendant is obliged to pay the tea from April 1, 2019 pursuant to the instant lease agreement.