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The judgment below
The part against the defendant is reversed, and this part of the case is remanded to the Seoul Eastern District Court Panel Division.
Reasons
1. We examine the grounds of appeal. A.
With respect to termination of a contract, the lower court determined that the instant sub-lease contract was terminated by the agreement of the Defendant on February 4, 2014, which was the day immediately preceding the conclusion of the new sub-lease contract, on or around September 30, 2013, on or around February 5, 2014, on the ground that the Defendant had no intent to perform the duty to provide an object under the instant sub-lease contract, on or around February 5, 2014, on the ground that the Defendant had received the instant store from the Plaintiff and entered into a sub-lease contract with the new sub-lessee on or around February 5, 2014.
The judgment below
Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the termination of a contract.
B. As to the deduction amount of deposit, the lower court determined that the Defendant is obligated to refund KRW 50 million to the Plaintiff on February 4, 2014, on the ground that the instant sub-lease contract was terminated by agreement, and that the Defendant’s repayment of KRW 6,325,00 from October 1, 2013 to June 30, 2014 should deduct the sub-lease fee of KRW 6,325,00 from the Defendant’s claim for the deduction of overdue rent, etc., the lower court determined that Article 13(5) of the instant sub-lease contract provides that even if the Plaintiff temporarily shuts down or shuts down the business within the object of the sub-lease, monthly sub-lease calculated by the average sales amount for the immediately preceding three months shall be paid within the period of sub-lease, and that the Plaintiff’s payment of KRW 3,162,500 from the date of sub-lease on July 1, 2013 to August 24, 2013.