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1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On April 20, 201, the Defendant entered into a lease agreement with C (former name: D) with which the Defendant agreed to lease, setting the deposit amount of KRW 30 million, monthly rent of KRW 200,000,000,000 from May 9, 201 to May 9, 2013, by setting the lease term of KRW 30 million.
After the conclusion of the above lease agreement, the Defendant agreed to operate the Pacific Institute in the instant store and agreed to conduct the Taekwondo place business at the instant store. However, upon the termination of the lease agreement, C agreed to reinstate the instant store and return it to the original state.
B. After November 16, 201, C transferred to the Plaintiff the Taekwondo ground business operated at the instant store in KRW 42 million for premium to the Plaintiff.
Accordingly, on November 24, 201, the Plaintiff entered into a new lease agreement with the Defendant to lease the instant store by setting the deposit amount of KRW 30 million, KRW 1.7 million per month (payment on January 24), and KRW 1.7 million per year for the term of lease (hereinafter “the first lease agreement”) with the Defendant, and paid KRW 30 million for the same day, and used the instant store to operate the Taekwondo hall upon delivery of the instant store.
The special terms and conditions of the above lease agreement include "at the time of termination of the contract, this commercial building shall be restored to its original state (the facilities related to Taekwondo shall be removed in entirety)."
C. From November 25, 2012 to November 24, 2014, the term of lease expires, the Plaintiff and the Defendant impliedly renewed the lease agreement. On November 23, 2014, the Plaintiff decided to increase the rent to KRW 2 million per month for the Defendant and the store of this case, and entered into a lease agreement (hereinafter “the second lease agreement”) with 12 months from November 24, 2014 to November 23, 2015.
The defendant is from November 2014 to May 2015 according to the second lease contract.