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Reasons
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(영문) 수원지방법원안산지원 2016.01.15 2015가단101085
손해배상(기)
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1. The Plaintiff (Counterclaim Defendant) paid KRW 10,850,000 to the Defendant (Counterclaim Plaintiff) and its related amount from July 22, 2015 to January 15, 2016.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On August 6, 2012, the Plaintiff included KRW 100,000,000 as lease deposit, the term of lease from August 16, 2012 to August 15, 2014; and the value-added tax amounting to KRW 3,50,000 per month for rent, each month;

5. The Plaintiff leased Nos. 111 to 113 of the [Attachment-gu, Ansan-si, Ysan-si (hereinafter “instant lease agreement”).

(b) B. B. On August 23, 2012, C: (a) without the Plaintiff’s consent, KRW 20,000,000 for sublease deposit; and (b) from August 31, 2012 to August 30, 2014 for the sublease period; (b) KRW 1,400,000 for the rent month (including value-added tax, and payment on August 20, 201); and (c) E at the price of E set at KRW 111,113 out of 111 to 113 (hereinafter “instant store”).

2) The sub-lease contract of this case (hereinafter “sub-lease contract of this case”) was sub-leaseed.

(3) On July 10, 2014, the Defendant: (a) sent the notice to C on the ground that the said provisional lease agreement has been terminated; (b) the notice was sent to C by content-certified mail to the effect that E would return No. 111-13; and (c) the said notice was served to C around that time; (d) the Defendant did not deliver the instant store to the Plaintiff; (c) on September 2, 2014, the Plaintiff filed a lawsuit against the Defendant, including the name map of the building; and (d) on March 2, 2015, the Defendant was handed over the instant store to the Plaintiff on March 2, 2015. [In the absence of any dispute on the grounds of recognition, the Defendant was the person who was handed over the instant store to the Plaintiff on March 2, 2015.]

2. Determination as to the cause of the principal claim

A. Plaintiff’s assertion 1: (a) the Defendant did not deliver the instant store to the Plaintiff even after the termination of the instant lease agreement on March 4, 2015; and (b) the Defendant delivered the instant store to the Plaintiff on March 4, 2015; (c) accordingly, the Defendant was at least KRW 9,167,740 as of August 16, 2014, from August 16, 2014 to March 4, 2015, and the date when the instant lease agreement was terminated.

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