임대차보증금
1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.
2.Pursuant to the counterclaim brought at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On September 20, 2016, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant lease contract”) 323 Dong b102, Busan-gun, Busan-gun, with a deposit of KRW 20 million, monthly rent of KRW 1.5 million (in advance payment on September 10, 2016), and the term of lease from September 30, 2016 to September 29, 2018, the Plaintiff agreed to pay the deposit deposit of KRW 4 million (hereinafter “the instant lease contract”) and the intermediate payment of KRW 6 million as of September 30, 2016 and the intermediate payment of KRW 10 million as of December 20, 2016.
B. On September 9, 2016, the Plaintiff paid KRW 20 million to the Defendant as the down payment, and KRW 20 million on September 20, 2016, and paid KRW 6 million as the intermediate payment of deposit. On September 30, 2016, the Defendant handed over the instant commercial building to the Plaintiff on September 30, 2016.
On November 10, 2016, the Plaintiff paid monthly rent of KRW 1.5 million to the Defendant.
C. On December 9, 2016, the Plaintiff notified the Defendant of the cancellation of the instant lease agreement, and did not pay the remainder of deposit KRW 10 million and the remainder monthly income.
On December 20, 2016, the defendant demanded the plaintiff to pay the balance of deposit and monthly rent to the plaintiff by means of content-certified mail.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) The Plaintiff notified the Defendant of the rescission of the instant lease agreement, as it was impossible for the Plaintiff to operate the store, and thus, the said contract was rescinded. Even if not, the Plaintiff returned the key of the instant commercial building to the Defendant on March 29, 2017. At least at the above point, the instant lease agreement was rescinded at the time. 2) Of the deposit for the instant lease agreement, the down payment is KRW 2 million and the intermediate payment is KRW 8 million.
Inasmuch as the instant lease contract was cancelled, the Defendant’s intermediate payment, excluding down payment, is eight million won.