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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On May 3, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with B as to the third floor of the building located in Busan-gu Busan-gu, Busan-do (hereinafter “instant building”) owned by the Defendant, setting a deposit of KRW 15 million, monthly rent of KRW 1250,000,000, and the lease period from April 16, 2012 to April 15, 2013, and used the instant building as the office around that time after fully paying the lease deposit to the Defendant.
B. On December 17, 2012, the Plaintiff retired from the building of this case after the Plaintiff was a director of E shop, E shop, Dong 202, Dong, Dong, Dong 202, who is under the lease term.
[Reasons for Recognition] Evidence Nos. 2-1, 2, 3, 3, and 4-2, and the purport of the whole pleadings
2. In light of the following circumstances, the Plaintiff’s testimony of witnesses B of the trial at the trial and the overall purport of the pleadings as to the cause of the claim, namely, the Plaintiff’s notification around December 2012 to move the office to another place on behalf of the Defendant through F, who was the Plaintiff’s partner, and the Defendant’s side did not raise any objection thereto, and the Plaintiff uses the instant building as the management office after leaving the building, it shall be deemed that there was an implied agreement between the Plaintiff and the Defendant’s agent that the Plaintiff would no longer maintain the instant lease agreement around December 17, 2012, and thus, the instant lease agreement was terminated around that time. Thus, the Defendant is obligated to return the lease deposit KRW 15 million to the Plaintiff due to the cancellation of the instant lease agreement, barring any special circumstances.
The defendant did not have a long period of the lease contract of this case, and if the office is moved to another place, the amount of two months shall be fixed.