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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 21, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the lease deposit of KRW 15 million per month, monthly rent of KRW 650,000,000, and the period from February 8, 2013 to February 7, 2015 (hereinafter “instant lease agreement”) with respect to the 15,000,000 square meters of the 1st floor among the buildings listed in the attached real estate list (hereinafter “instant store”). The Defendant paid the Plaintiff the said lease deposit amount of KRW 15,00,000.
B. The Defendant operated the restaurant “C” at the instant store, and from January 2015, from the point of time to time, the restaurant was not operated on the ground of business depression at the instant store. Since January 2015, the Plaintiff and the security deposit were not deducted even after the lease contract was concluded on May 12, 2015. The Plaintiff replaced the key of the instant store following the date.
C. On May 12, 2015, the Plaintiff paid KRW 1,525,130 to the Defendant as the refund of deposit for lease.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties' arguments;
A. The gist of the Plaintiff’s assertion was terminated upon the expiration of the lease term. As such, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the unpaid rent of KRW 9750,00 (=650,000), KRW 388,480,00 for gas, KRW 281,660 for electricity, KRW 281,660 for electricity, and KRW 40,000 for septic tanks, KRW 10,620,140 for electricity, KRW 10,000 for electricity, KRW 281,660 for electricity, and KRW 40,000 for electricity, and KRW 650,00 for each month from February 8, 2015 to the completion date of the instant lease contract.
B. The summary of the Defendant’s assertion is that the Defendant run the business at the instant store only until October 2014, and the water fee, etc. claimed by the Plaintiff is excessive than the actual amount. The Defendant has a lease deposit claim against the Plaintiff, and if the Plaintiff deducts KRW 1,525,530 from the amount paid by the Plaintiff, the lease deposit is still KRW 3,208,380.