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1. The Defendant’s KRW 58,956,570 as well as 5% per annum from October 1, 2016 to July 11, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 27, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of KRW 80 million, monthly rent of KRW 1.5 million (payment on January 1, 2013), and the lease agreement between January 1, 2013 and December 31, 2016 (hereinafter “instant lease agreement”) with regard to the “D Child Care Center” located in Seodaemun-gu Seoul Metropolitan Government 106 (hereinafter “instant Child Care Center”). The Plaintiff agreed to lease all the facilities, the operating rights, etc. of the instant Child Care Center as is in the name of the Defendant.
B. The Plaintiff paid a lease deposit to the Defendant and received the instant childcare center.
C. However, around May 2, 2016, the Defendant sent to the Plaintiff a certificate of content that he/she would transfer KRW 62,100,000,000,000,00,000,000,000,000,000, which included KRW 1,7,90,000,00 for damages caused by breach of a contract (in addition to KRW 1,50,00,000,00 for arrears until April 30, 2016, including KRW 80,000,000 for monthly rent x eight months until December 31, 2016) after deducting the lease deposit from the lease deposit (hereinafter “instant content certification”).
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff asserts that the instant lease agreement was terminated on April 30, 2016 by agreement and on the same day, delivered the instant childcare center to the Defendant on the same day, and sought payment of KRW 68,470,000 after deducting the overdue rent from the lease deposit, and damages for delay.
In regard to this, the Defendant asserts that the instant lease contract was terminated on or around December 31, 2016 or on January 20, 2017, and that the Plaintiff should deduct the unpaid rent, taxes, public charges, and expenses for restitution, etc. in the course of operating the instant childcare center from the lease deposit, as well as receive various corrective orders from the competent Gu office due to the failure to properly operate the childcare center.