beta
Text
1. The Defendant’s KRW 45,00,000 as well as 5% per annum from March 15, 2017 to January 12, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 16, 2013, the Plaintiff entered into a lease agreement with the Defendant on a fixed deposit of KRW 200,000,000, monthly rent, KRW 2,970,000, and KRW 2,970,000 from February 16, 2013, with the term of lease of KRW 24 months from February 16, 2013.
After February 3, 2015, the Defendant changed the lease agreement on the instant building to the end of February 15, 2016, to the end of February 15, 2016, to the end of February, 2016, to the end of February, 4,290,000, and to the end of February 15, 2017, respectively, and renewed the lease agreement on the instant building.
(hereinafter “instant lease agreement”). B.
The Plaintiff paid 200,000,000 won to the Defendant by February 16, 2013.
C. The Plaintiff and the Defendant agreed to terminate the instant lease agreement upon the expiration of the lease term ( February 15, 2017) around 2016.
Until February 18, 2017, the Plaintiff was entirely a director of the instant building. On February 14, 2017, the Plaintiff requested termination of the ADT closure guards service contract on the instant building and was processed around February 28, 2017.
E. On March 17, 2017, the Defendant deposited KRW 150,000,000, which is a part of the lease deposit of this case, with the Suwon District Court No. 2295, which deposited the Plaintiff as the principal deposit.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6 (including each number; hereinafter the same shall apply), Eul's 5, witness D's testimony, and the purport of the whole pleadings
2. According to the above findings of the determination on the cause of the claim, the instant lease agreement is deemed to have expired on February 15, 2017. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining lease deposit amount of KRW 50,000,000 (=200,000,000 - 150,000,000) and damages for delay.
3. Judgment on the defendant's defense
A. The Defendant’s assertion 1) Article 12 of the instant lease contract is the instant building within three days after the lease contract is terminated.