보증금반환
1. The Plaintiff (Counterclaim Defendant) is to pay KRW 13,860,000 to the Defendant (Counterclaim Plaintiff) and to the day of full payment from April 27, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On February 5, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term of 36 months from February 5, 2017, lease deposit amount of 80,000 won, monthly rent of 2.1 million won (excluding value-added tax, five days payment per month) on the part (registration 123), 4.3 square meters (hereinafter “instant store”) of the D 1st floor D 76, 81, Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “instant store”).
(hereinafter “instant lease agreement”). The instant lease agreement is stipulated under a special agreement, and the phrase “a lessee shall attach the monthly rent and management fee to his/her automatic order at the time of arrears for not less than three months.” The phrase “a lessee shall attach his/her seal to the same text.”
(hereinafter referred to as “instant special agreement clause.” While the Plaintiff was operating the clothes 76,81 on November 13, 2017, when the said clothing shop including the instant store was entirely leased and operated, the Plaintiff did not pay rent to four lessors including the Defendant on November 5, 2017, and did not pay rent for the current one-month rent. The Plaintiff is planning to delay the rent for three months by January 5, 2018. In such case, the lease is automatically terminated pursuant to the instant special agreement clause, and thus, the lessor proposed a new lessee at the time of the lease, and the Plaintiff sent a text message to the same effect that “if the lease deposit is not returned by January 5, 2018, it is expected to file an application for auction of the leased object, etc., the Plaintiff sent a text message to the same effect even after the lease.
The agreement or compulsory mediation was concluded to receive the remainder of the lease deposit except for the overdue loan for three months with three other lessors except the defendant.
On January 5, 2018, the Plaintiff collected all the clothing, etc. at the instant store and removed them at the said store.
2. Determination
A. The provision of the instant special agreement asserted by the Plaintiff 1 is that the lessor may terminate the contract if the lessee has failed to pay the rent for not less than three months.