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1. The Defendant (Counterclaim Plaintiff) paid KRW 251,087,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from December 6, 2016 to February 10, 2017.
Reasons
1. Basic facts
A. On September 7, 2009, the Plaintiff, from the Defendant, leased the building of the Daegu-gu Ground Pharmacies (hereinafter “instant commercial building”), “Lease deposit: KRW 200,000,000: KRW 660,000,000,000,000: 6660,000,000,000,000,000,000,000,000,000:
(2) On the same day, the Plaintiff paid KRW 200,000 to the Defendant KRW 100,000,000 as the deposit for lease, and KRW 300,000,00 as the deposit for use of the commercial building of this case.
B. On April 30, 2010, the Plaintiff paid the premium of KRW 70 million to E, which was a lessee of the instant commercial building, and received delivery of the instant commercial building from E on May 3, 2010.
C. On May 11, 2015, the Defendant filed an application for provisional disposition against the Plaintiff under this Court 2015Kahap3113, and the said court on June 19, 2015, the said court rendered a decision to deliver the instant commercial building to the Defendant on the condition that the Defendant deposit in cash the amount of KRW 80 million as security for the Plaintiff within seven days from the date on which the Defendant was served with this decision. The Plaintiff handed over the instant commercial building to the Defendant on June 26, 2015.
The Defendant deposited KRW 186.5 million in the Plaintiff’s future on June 1, 2015, KRW 13.5 million on June 2, 2015, KRW 200 million on the ground of the return of the lease deposit under the instant lease agreement.
E. As of April 30, 2015, premium for the instant commercial building is KRW 251,087,000.
(2) Even if the lease is terminated, the lease relationship shall be deemed to exist until the lessee receives a refund of the deposit.
Article 10-3 (Definition, etc. of Premiums) (1) A person who conducts or intends to conduct a business in a commercial building, the object of the lease, shall be business facilities, fixtures, customers, credit, business know-how, etc.