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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the part on the claim for rent.
Reasons
1. Basic facts
A. On September 6, 2013, the Plaintiff concluded and terminated a lease agreement. (1) On September 6, 2013, the Plaintiff and the Defendant and the Seoyang-gu C commercial building 101 and 102 (hereinafter “instant commercial building”).
(3) The term of the lease deposit amount of KRW 30,00,000, monthly rent of KRW 1,500,000 (excluding value-added tax) and the term of lease from September 30, 2013 to September 29, 2014 (hereinafter “instant lease agreement”).
2) On September 12, 2014, the Defendant operated the instant commercial building’s “D” restaurant, and the Defendant extended the contract term or did not conclude a renewal contract at the time of the expiration of the instant lease contract, and the Defendant reported the closure of the restaurant’s business on September 12, 2014.
B. On October 8, 2014, the Defendant filed a lawsuit seeking the return of the lease deposit against the Plaintiff as to October 24, 2014, following the Plaintiff’s failure to receive the refund of the lease deposit from the Plaintiff. On December 24, 2014, the first instance court rendered a favorable judgment against the Plaintiff on December 24, 2014, “the Plaintiff shall pay the Defendant KRW 30,000,000 and its delay damages.” 2) On October 22, 2014, the Plaintiff filed a lawsuit seeking reimbursement of KRW 12,00,000,000,000, including overdue rent 12,000,000 and the expenses for restoration to the original state.
On April 1, 2015, the above court rendered a favorable judgment in favor of the Plaintiff: “The Defendant shall pay the Plaintiff the amount of KRW 409,150 (i.e., the amount of annual premium 144,730,000, the amount of the electricity charge of September 1, 2014, KRW 14,420, the amount of the water charge of September 2014) and the amount of delay damages.”
In this regard, the Plaintiff appealed as the District Court 2015Na4475.
3. In addition, on April 2, 2015, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 12,000,000,000, in total, for rent of KRW 9,000,000, and for restitution of the original status of KRW 3,000,000.