대여금
1. The appeal filed by the Defendant (Counterclaim Plaintiff) and the counterclaim filed in the trial are dismissed, respectively.
2. Costs of appeal and counterclaim;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff owned a building listed in the attached Table C (hereinafter “instant building”) in Dongducheon-si, and the Defendant, along with D, leased the second floor of the instant building from the Plaintiff as D around February 2008 and operated a restaurant with the trade name “E” in the second floor of the instant building.
B. On November 20, 2008, the Defendant: (a) leased the instant leased the instant leased premises of KRW 106.4 square meters in the calendar direction (hereinafter “instant leased premises”) from among the 1st floor of the instant building on November 20, 2008, with a deposit of KRW 20 million; (b) KRW 1.5 million in the tea month; (c) from November 20, 2008 to November 19, 2010; and (d) operated the said “E” restaurant in the instant leased premises.
C. Meanwhile, around April 20, 2009, D leased from the Plaintiff the necessary mountain direction 106.4 square meters among the one-story 212.8 square meters of the instant building from the Plaintiff, and operated “E” on the entire first floor of the instant building, including the leased part of the instant building, including the Defendant. On or before December 2010, D and the Plaintiff’s instant building, a lease relationship with “E” was terminated regarding the necessary mountain direction 106.4 square meters among the instant building. On or before December 17, 2010, the Plaintiff leased the above required mountain direction 106.4 square meters to F on December 17, 2010, and thereafter, the Plaintiff thereafter operates a restaurant with the trade name “G required mountain point” from 106.4 square meters of the above required mountain direction.
On November 18, 2012, the Plaintiff and the Defendant renewed the lease agreement with respect to the leased portion of the instant case on one occasion. On November 18, 2012, the Plaintiff and the Defendant renewed the lease agreement with respect to the leased portion of the instant case, including deposit of KRW 20 million, monthly rent of KRW 120,000 (payment on the 19th day of each month), and the lease term from November 20, 2012 to November 19, 2014 (hereinafter “instant renewal agreement”). At the time, the Defendant agreed to the renewal of the lease agreement entered into by the Plaintiff and the Defendant with respect to the real estate lease agreement entered into by the Defendant, with respect to the leased portion of the instant case, the Defendant is bound by the rental fee and electricity charges (payment of KRW 4,816,190).