보증금반환
1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who has exceeded the following amount ordered to pay the counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with the main sentence of Article
2. Determination on the main claim
A. The Plaintiff’s assertion 1) The instant lease agreement is the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Act”).
(2) The Plaintiff’s request for the conclusion of a lease agreement with the Defendant was made on October 7, 2016, on the grounds that the term of lease was implicitly renewed or extended one year by the renewal agreement between the Plaintiff and the Defendant. Therefore, the Plaintiff’s request for the conclusion of a lease agreement with the new lessee around September 2016, which is the period of exercise of the right stipulated in Article 10-4(1) of the former Commercial Building Lease Act. Therefore, the Defendant, who rejected the request without justifiable grounds, is liable to compensate for damages under the above provision. (2) The Defendant’s request for the conclusion of the lease agreement with the new lessee around September 2016 was extended by two years according to the renewal agreement between the Plaintiff and the Defendant, and the expiration date thereof was around October 2017. Thus, the Plaintiff’s request for the conclusion of the lease agreement with the new lessee against the Defendant on or
Even if the termination date of the lease contract is different, the plaintiff's claim on the premise that the contract was not concluded between the plaintiff and D is without merit.
B. Determination as to the termination of the instant lease agreement, the converted guarantee amount of the instant lease agreement exceeds 220 million won (a deposit of KRW 30 million x 100 million x 10 million). As such, Article 2(1) proviso and Article 2(2) of the former Commercial Building Lease Act (amended by Presidential Decree No. 28611, Jan. 26, 2018) of the former Enforcement Decree of the Commercial Building Lease Act (amended by Presidential Decree No. 28611, Jan. 26, 2018), Article 10(4) and (3) of the former Commercial Building Lease Act concerning implied renewal.