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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 2,500,000 as well as the full payment from April 16, 2015.
Reasons
1. Basic facts
A. On September 27, 2012, C, from the Defendant, leased (hereinafter “instant lease agreement”) the entire two floors of the building located in Daejeon Jung-gu, Daejeon (hereinafter “instant building”), with a deposit of KRW 30,00,000,000 per month, the rent of KRW 2,50,000 per month, and the lease period of KRW 2,50,000 from October 2, 2012 to October 1, 2014, and operated an “E” restaurant on the second floor of the instant building (hereinafter “E”).
Of the contents of the instant lease agreement (No. 1-1), the parts related to the instant case are as follows:
Article 6 of this Rule shall restore the second floor of the building of this case to the lessor at the time the contract expires or the termination of the contract in the middle or long-term.
(Recovery means a public office with no bearing wall in the form of the office). Article 7 of the Lessee cannot demand any facility premium when the contract period expires.
Article 5 of the Special Agreement shall be borne by 6% per annum in the event that the monthly tax of the special agreement is unpaid for at least two months.
It is to restore the leased object to its original state and terminate the contract.
A lessor may dispose of any object located in a leased object, and no demand, such as liability for damages, shall be made by the lessee.
B. On July 30, 2014, the Plaintiff acquired the lessee status of the instant restaurant and the instant lease agreement from C, and the Defendant consented to the Plaintiff’s acceptance of lessee status on the same day.
C. The instant lease agreement terminated on October 1, 2014, and the Defendant paid KRW 16,500,000, which remains after deducting the overdue rent and management expenses, etc. from the Plaintiff on October 2, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, Gap evidence 6-2, the purport of the whole pleadings
2. Determination on the main claim
A. (1) On September 30, 2014, the Plaintiff asserted the second floor of the instant building.