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1. The Defendant’s KRW 37,500,000 as well as the Plaintiff’s annual rate from May 21, 2016 to June 27, 2016, and the following.
Reasons
1. Basic facts
A. On May 13, 201, the Plaintiff entered into a lease agreement with the Defendant’s representative C (hereinafter “the Defendant”) to pay the remainder of the lease deposit amount to KRW 50 million on June 30, 201 (hereinafter “the instant lease agreement”) on the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant store”) (hereinafter “the instant store”), with the lease deposit amount of KRW 50 million from May 13, 2011, the lease term of KRW 60 (5 years), and KRW 5 million from May 13, 201, and the monthly rent of KRW 5 million (However, the agreement does not state the monthly rent). However, as a special agreement, the lease agreement was concluded to pay KRW 40 million on June 30, 201 (hereinafter “the instant lease agreement”).
B. On April 9, 2016, one month before the termination of the instant lease agreement, the Plaintiff notified the Defendant that he would not renew the instant lease agreement.
C. The Plaintiff, around May 20, 2016, moved the store in this case to another place.
Meanwhile, on the other hand, the Defendant failed to pay the deposit on the ground that the Plaintiff failed to recover the original state properly, around June 30, 2017, commenced the interior construction on the instant store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11, the purport of the whole pleadings
2. The parties' assertion
A. On April 9, 2016, the Plaintiff notified the Defendant of his/her intention not to renew the instant lease agreement. On May 20, 2016, the Plaintiff removed the house at the instant store and suspended its business. The instant lease agreement expired due to the expiration of the period.
Therefore, the Defendant is obligated to refund to the Plaintiff the remaining deposit amount of KRW 37.5 million and damages for delay, calculated by deducting the rent of KRW 12.5 million for 15 months (from March 6, 2016 to May 20, 2016) unpaid to the Plaintiff from KRW 50 million.
B. (1) The Plaintiff’s assertion (1) is more than 12.5 million won in arrears by paying only the rent to February 13, 2016.
(2) The Plaintiff’s store is restored to its original state.