임대차보증금
1. As to KRW 369,00,000 and KRW 19,000 among them, the Defendant shall pay to the Plaintiff the year from August 4, 2015 to September 30, 2015.
1. Indication of claim;
A. On January 15, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amounting to KRW 350 million, monthly rent of KRW 58 million, and the lease term period from January 15, 2015 to January 14, 2018 (hereinafter “instant lease agreement”), and paid the lease deposit around that time.
B. At the time of entering into the instant lease agreement, the Plaintiff and the Defendant calculated the size of painting area on the instant real estate at 700 square meters, but the permitted size of painting area among the instant real estate was limited to 240 square meters.
The plaintiff demanded the defendant to expand the stamp and the permitted area, but the defendant rejected it.
At the time of entering into the instant lease agreement, the Defendant did not explain to the Plaintiff that the permitted area is only 240 square meters. Since the painting area is very important part of the instant lease agreement, the Plaintiff would have not concluded the instant lease agreement if it had properly explained from the Defendant.
Therefore, the Plaintiff’s lease contract of this case is revoked on the ground of mistake in important part of the contract.
C. Even if the above cancellation is not recognized, the lease contract of this case is terminated on the ground of the breach of the duty of delivery under Article 5 of the instant lease agreement, since the seal stamp that the Defendant is obligated to deliver to the Plaintiff is 700 square meters or 240 square meters in fact.
In addition, the Defendant did not take any measures despite the possibility of suspending the supply of electricity to the instant real estate due to the Defendant’s failure to pay the amount of electricity for May and June 2015, and thus, the instant lease agreement is terminated on the ground of the violation of the spirit of a contract for win-win harbor under Article 6(1) of the instant lease agreement.
E. Therefore, the Defendant received a written consent from the Plaintiff to pay the lease deposit amounting to KRW 350 million, and the Plaintiff received a written consent from the Plaintiff.