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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 54,020,000 and KRW 35,000 among them, the Defendant (Counterclaim Defendant) from January 7, 2017.
Reasons
1. Basic facts
A. On July 27, 201, the Plaintiff entered into a lease agreement with the Defendant on the first floor of Songpa-gu Seoul Building (hereinafter “instant building”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and the period from September 15, 201 to September 14, 2013 with respect to the underground floor of the instant building as KRW 15,00,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, and the period from September 15, 201 to September 14, 2011, and began to operate a coffee after being handed over the first floor of the instant building and underground floor from the Defendant around that time.
B. While each of the above lease agreements was implicitly renewed, on October 28, 2014, the original and the Defendant concluded each of the lease agreements (hereinafter “each of the instant lease agreements”) with respect to the first floor of the instant building by setting the lease deposit of KRW 20,000,000, monthly rent of KRW 1,400,000, and the period from November 15, 2014 to May 14, 2016, with respect to the underground floors of the instant building as the lease deposit of KRW 15,00,000, monthly rent of KRW 90,000, and the period from November 15, 2014 to May 14, 2016.
At the time when the contract expires, the plaintiff agreed to restore to its original state (the floor, electricity, temperature, tent, brick, and air conditioner facilities).
C. On May 14, 2016, the expiration date of each of the instant lease agreements, the Plaintiff set aside a part of the house on the first and underground floors of the instant building without leaving the house.
【Ground for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, 2-2, and the purport of the whole pleadings】
2. The assertion and judgment
A. (1) Each of the parties’ respective arguments (1) The Plaintiff’s assertion summary terminated on May 14, 2016 with the expiration date, and even if not, the instant lease contract terminated by the delivery of the instant complaint. The Defendant paid KRW 35,00,000 to the Plaintiff. Although the Plaintiff arranged for a new lessee, the Defendant entered into a lease contract on the condition that the Defendant leases the first floor and underground floors together.