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1. The Defendant’s KRW 38,784,761 as well as the Plaintiff’s annual rate of KRW 6% from March 30, 2016 to July 1, 2016.
Reasons
1. Basic facts
A. On October 28, 2010, the Plaintiff leased the entire nine floors of Seongbuk-gu Seoul Building (hereinafter “instant building”) from Defendant (C representative) (hereinafter “instant building”) with the lease deposit amounting to KRW 100 million, monthly rent of KRW 500,000 (excluding value-added tax; hereinafter the same shall apply), from November 11, 2010 to November 10, 2015 (hereinafter “instant lease”), and paid KRW 100,000,000 to the Defendant (hereinafter “instant lease”), and thereafter, registered as a business and operated “E” at the same time.
Monthly rent has been increased since 2015, and 5.96 million won has been increased since 2015.
B. On October 31, 2015, around October 31, 2015, when the lease term of this case expires, the Plaintiff moved most of the internal house units to the third floor of the instant building, which is a leased space.
At the time, there was a dispute between the Plaintiff and the Defendant regarding the transfer of the business space to the third floor of the instant building. However, there was a dispute over the method and scope of restoration to the original state (such as waste removal method, including natural construction works) and the use of elevators that can enter the instant leased part after the termination of the lease, and thus, the Plaintiff was not obliged to return the leased object after the termination of the lease term, and the Defendant did not perform the obligation to return the lease deposit, on the ground that each other’s obligation was not fulfilled.
C. Around December 2015, the Plaintiff and the Defendant presented an estimate of the construction cost to each other while holding consultations on the method of restoring the original state to the original state. On March 29, 2016, the Plaintiff continued to file the instant lawsuit, resulting in the Plaintiff’s estimate of the cost (including the removal of a ceiling and re-facilities construction) of the Defendant, accepted KRW 16,430,000 (including value-added tax) of the cost of the Defendant’s presentation, and delegated all of the removal and re-construction to Maer Holdings Korea, a management company of the leased state, and the said construction cost.