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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On April 18, 2017, the Plaintiff leased real estate listed in the separate sheet from the Defendant (hereinafter “instant real estate”) from the Defendant during the period from May 4, 2017 to May 3, 2020, with a lease deposit of KRW 50 million, monthly rent of KRW 2.4 million, monthly rent of KRW 2.4 million, and period from May 4, 2017 to May 3, 2020.
(hereinafter “instant lease agreement”). B.
The Plaintiff, while operating the instant real estate as a restaurant, did not pay the tea from January 2018, and on this ground, the Defendant notified that the instant lease contract was terminated on March 12, 2018.
C. Although the Plaintiff was equipped with equipment, etc. on the instant real estate, the Plaintiff closed a restaurant as of March 20, 2018 and did not operate the business.
As of March 20, 2018, the overdue rent and its late payment charge (10%) based on the instant lease agreement are KRW 6,898,953, and the late payment charge is KRW 1,425,500.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 6, the entry of Eul evidence Nos. 7 through 11, and the purport of the whole pleadings
2. Determination:
A. (1) The instant lease agreement, based on the Defendant’s notice of termination, was lawfully terminated and terminated as of March 12, 2018. As such, upon the termination of the contract, the Defendant is obligated to return the lease deposit amount of KRW 50 million to the Plaintiff.
(2) The Defendant’s defense of mutual aid (A) asserts that ① the rent or unjust enrichment from January 4, 2018, which occurred from the above lease deposit to May 31, 2018, from January 31, 2018, the rent or unjust enrichment from May 31, 2018, and ② the amount of KRW 1,660,660 of the public charges, such as electricity and tap water charges, from August 2018, should be deducted.
(B) Of the mutual aid funds claimed by the Defendant, the part that exceeds the overdue rent and the overdue charge in the basic facts is incurred after March 21, 2018.
However, even if the object is occupied after the termination of the lease, it cannot be used or profited according to the purpose of the lease.