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1. The defendant shall pay 46,80,000 won to the plaintiff and 12% per annum from October 4, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On August 7, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the Nam-gu Incheon Metropolitan Government C and D (hereinafter “instant commercial building”) by setting the lease deposit of KRW 60,000,000, monthly rent of KRW 60,000 (excluding value-added tax) and the lease term of KRW 6,00,000 (excluding value-added tax) from September 1, 2015 to August 31, 2017 (hereinafter “instant lease agreement”).
B. After paying the lease deposit to the Defendant, the Plaintiff registered the instant commercial building with the trade name “E” around October 25, 2015, and continued to operate the car page in the instant commercial building after completing the business registration, and the contract was implicitly renewed even after the expiration of the lease term.
C. On August 5, 2019, the Plaintiff demanded the Defendant to reduce the rent, but the Defendant refused it, and on August 26, 2019, notified the Defendant that “The date of August 31, 2019 is the maturity of the lease contract and the remainder of the lease deposit amount of KRW 46,80,000 except for the unpaid rent of KRW 2:00,000,000, which shall be terminated without a re-contract.”
Then, the Defendant demanded the Plaintiff to bear the cost of removing the interior test, and the Plaintiff responded to the possible refund of the security deposit for the given time. Since the Plaintiff did not receive the instant shopping district at the time of delivery, there was no reason to bear the cost of removal, and requested the Plaintiff to allow the Plaintiff to operate his business free of charge until the security deposit is returned.
Accordingly, on August 28, 2019, the Defendant borne 50% to the Plaintiff and told the Plaintiff to use the commercial building of this case until the deposit is returned, and if the Plaintiff returned the deposit by September 15, 2019, the key of the commercial building of this case as of August 31, 2019, the Plaintiff responded to the return of the deposit by September 15, 2019. If the Defendant again returned the deposit to the Plaintiff, the deposit is returned before the return, and even if not, until September 25, 2019.