보증금 등 청구의 소
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 275,932,523 and KRW 267,052,760 among them, the Defendant (Counterclaim Defendant)’s payment on October 23, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 10, 2012, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant lease agreement”) a deposit of KRW 300 million, monthly rent of KRW 110 million, and the lease term of KRW 5 years from January 20, 2013, such as the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. In addition, on the same day, the Plaintiff entered into a contract with the Defendant to pay KRW 400 million for the premium in relation to operating a pharmacy for five years from January 20, 2013 from the real estate stated in the preceding paragraph.
C. The Plaintiff paid a deposit of KRW 300 million and premium of KRW 400 million to the Defendant, and operated a pharmacy in the real estate stipulated in the instant lease agreement, and thereafter, operated a pharmacy only on the instant real estate except for subparagraph C of the same commercial building.
On November 1, 2017, the Plaintiff knew on November 1, 2017, that upon the termination of the instant lease agreement, the deposit of KRW 300 million should be paid to the Defendant, and that the premium related to the instant real estate belongs to the Plaintiff.
E. On December 6, 2017, the Plaintiff entered into a contract with D to transfer a pharmacy operated in the instant real estate amounting to KRW 850 million for premium.
F. On December 17, 2017, the Plaintiff and D discussed the terms and conditions of the instant real estate lease agreement with the Defendant, and at that time, the Defendant demanded KRW 450 million per deposit and KRW 18 million per month per rent.
G. On December 22, 2017, the Plaintiff expressed his/her intent to accept the terms and conditions of a lease agreement demanded by the Defendant. On December 24, 2017, the Defendant demanded that D, a subsequent lessee, be employed as a pharmacy employee as well as the Plaintiff’s case.
Ultimately, D and the Defendant did not conclude a lease agreement on the instant real estate.
H. On March 2, 2018, the Defendant deposited the deposit amount of KRW 300 million with the Plaintiff as the principal deposit, and on the same day to E.