임대보증금 반환 등 청구의 소
1. The Defendant’s KRW 13,064,757 as well as 5% per annum from September 18, 2015 to July 22, 2016 to the Plaintiff.
1. Basic facts
A. On August 11, 2011, the Plaintiff entered into a lease agreement with the Defendant to use the area of 104.82 square meters of the Gangnam-gu Seoul Metropolitan Government 1 story (hereinafter “instant store”) as a restaurant (hereinafter “instant lease agreement”) from September 1, 201 to August 31, 2013, with the term of lease from September 1, 2011 to August 31, 2013, to set the lease deposit amount of KRW 50 million and KRW 4 million per month of rent (value-added tax separate and interest rate of KRW 2% per month in arrears), and then paid KRW 50 million to the Defendant on September 1, 201, and received delivery of the instant store on September 1, 201.
B. On June 10, 2013, the Plaintiff and the Defendant extended the term of the instant lease agreement by two years until August 31, 2015, and changed the term of the instant lease agreement into KRW 5.3 million per month from September 1, 2013 to August 31, 2014, and KRW 6 million per month from September 1, 2014 to August 31, 2015 ( separate value-added tax). According to Article 5 of the renewed lease agreement, the Plaintiff would restore the instant store to its original state and return it to the Defendant, and according to paragraph (6) of the special agreement, the lessor does not recognize the right of the lease.
C. On March 31, 2014, the Defendant filed a motion to file a lawsuit with the Seoul Central District Court 2014Da92, and drafted a protocol of compromise, such as the attached reconciliation clause, on March 31, 2014.
(A) The Claimant and the Respondent refer to the Plaintiff; hereinafter referred to as the “instant complaining telephone”).
On August 31, 2014, the Plaintiff and the Defendant changed the rent to KRW 500,000 per month (excluding value-added tax) instead of increasing the rental deposit to KRW 70,000,000 for the instant lease agreement. In the event that the Plaintiff delays the rent from October 1, 2014, the Plaintiff and the Defendant additionally paid the rent of KRW 300,000 in return for the delay, on condition that the said rent adjustment is a payment condition for delay and non-payment, and thus, the said rent adjustment is subject to an additional discount of KRW 30,000 if the payment is not made on the first day of each month.