임대차보증금
1. The Defendant (Counterclaim Plaintiff) paid KRW 70,000,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 15, 2019 to August 30, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. At the time of September 26, 2015, the Plaintiff, who was the owner of the instant store, leased the said store from Nonparty C and D for the lease deposit of KRW 60 million, monthly rent of KRW 4.5 million, and the lease period of KRW 4.5 million from September 26, 2015 to May 25, 2017 (20 months). Around that time, the Plaintiff leased the said store to Nonparty C and D for the children’s play area (ECE).
B. On May 24, 2017, the Plaintiff concluded a lease agreement again (hereinafter collectively referred to as the “instant lease agreement”) by setting the lease deposit of Nonparty F and the instant store as KRW 70 million, monthly rent of KRW 5 million, and the lease period from May 26, 2017 to May 25, 2019 (24 months).
C. On May 25, 2019, the termination date of the instant lease agreement, the Plaintiff, C, and D drafted an agreement stating that “The instant lease agreement shall be extended to June 25, 2019, and monthly rent, management fee, and public charges for the portion of one month from May 26, 2019 to June 25, 2019 shall be paid to the owner of the building, and the deposit, monthly rent, management fee, and public charges shall be settled and removed from the building on June 30, 2019.”
On June 3, 2019, the ownership of the store of this case was transferred to the defendant, and the defendant succeeded to the status of the lessor under the instant lease agreement, and on June 17, 2019, the plaintiff and the defendant drafted an agreement stating that "the term of the instant lease agreement is extended to July 25, 2019, and monthly rent, management fee, public charges shall be paid to the owner of the building for one month from June 26, 2019 to July 25, 2019, and the deposit, monthly rent, management fee, and public charges shall be settled and withdrawn after the removal and disposal of wastes until July 31, 2019."
E. In addition, the Plaintiff and the Defendant extended the term of the instant lease agreement until July 31, 2019, and the lease agreement between July 25, 2019 to July 31, 2019, and the rent, management fee, and public charge for the portion of six days from July 26, 2019 to July 31, 2019.