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1. The Defendant’s KRW 100,000,000 as well as annual 5% from October 6, 2015 to June 15, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On August 4, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the part of the convenience store of the first floor of the building of the 4th floor underground floor in Busan, Daegu, Busan, and the 100 million won (hereinafter “instant building”) and paid the Defendant a down payment.
Article 2 (Period of Lease) of the Deposit KRW 200 million and the monthly rent of KRW 1.5 million (payment within three months after the approval for the completion of the building) KRW 100 million (payment within three months after the completion of the building) shall be delivered to the lessee after the completion date in a state where the above real estate can be used and profit-making for the purpose of the lease, the lease period shall be one year from the date of delivery, and the lease amount shall be determined after
Article 3 (Change of Use, Sublease, etc.) No lessee shall change the use or structure of the said real estate, nor sublease, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of lease without the consent of the lessor.
Article 4 (Termination of Contract) If a lessee has failed to pay rents on at least two consecutive occasions or has violated Article 3, the lessor may terminate the contract immediately.
Article 6 (Cancellation of Contract) Before a lessee pays an intermediate payment to a lessor, a lessor may reimburse the amount of the down payment, and the lessee may waive the down payment and rescind this contract.
Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted, and rescind the contract.
In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.
B. On June 5, 2013, the Plaintiff: (a) received 100 million won as the down payment from the Plaintiff on August 4, 2011 in relation to the instant lease agreement; and (b) 3,8730,000 won from August 4, 201 to June 21, 2013.