영업금지 등
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On December 30, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 35 million, monthly rent of KRW 3500,000,000, and the lease period from December 30, 2007 to December 30, 2012, with the name of “F pharmacy” at the stores (hereinafter “instant stores”).
Around that time, the Defendant paid the Plaintiff the premium of KRW 200 million in addition to the deposit of KRW 35 million, and operated the above pharmacy in the instant store.
B. The Plaintiff and the Defendant increased the rent by KRW 4 million per month and renewed the lease agreement with the content that the remaining terms and conditions are as is, at the time of the expiration of the above lease agreement.
C. Thereafter, around April 2014, the Plaintiff notified the Defendant that the instant lease agreement will continue until December 31, 2014, and, with respect to the instant store, the Defendant and the instant store: (a) written the lease agreement stipulated from January 1, 2013 to December 31, 2014 as the lease term of KRW 35 million, monthly rent of KRW 400,000,000; and (b) drafted the said lease agreement retroactively from January 1, 2013 to December 31, 2014; and (c) written the said special agreement of the said lease agreement (hereinafter “instant special agreement”) as follows.
(1) On December 31, 2014, a lessor shall refund a lessee a premium of KRW 200 million and a deposit of KRW 35 million to the lessee.
(2) A medicine unit shall be settled with a lessee.
(3) The cost of equipment (such as air conditioners, facsimiles, display posts, automatic powder packers, and two computers) shall be settled with the claimant.
On July 25, 2014, the Plaintiff entered into a lease agreement with G and the instant store with a deposit of KRW 12 million per month, KRW 4 million per month, and the term of lease from January 1, 2015 to December 31, 202.
G paid to the Plaintiff a deposit of KRW 12 million from around that time to the end of 2014, in addition to the deposit of KRW 12 million, KRW 300 million, and the instant case from January 2015.