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1. As to the Plaintiff KRW 11,100,00 and KRW 3,400,00 among them, the Defendant shall pay to the Plaintiff KRW 11,10,000,00 from October 30, 2015.
Reasons
1. Basic facts
A. On September 25, 2010, the Plaintiff concluded a lease contract with the Defendant’s agent, with respect to the deposit amount of KRW 20 million in Seoul Mapo-gu 1st floor E-dong (hereinafter “instant store”), and the rent amount of KRW 1.5 million in monthly payment on the 30th day of each month, and the lease term is from November 1, 2010 to October 30, 2012, and paid the down payment of KRW 2 million in the deposit amount on the same day.
B. The Plaintiff paid the remainder of the deposit to the Defendant pursuant to the above lease agreement, and installed the facility construction to run restaurant business at the instant store, and thereafter, operated restaurant business at the instant store.
C. On October 30, 2012, the Plaintiff increased the rent by KRW 1.7 million per month with the Defendant and the store in this case. The lease term is from October 31, 2012 to October 30, 2014, and the lease term is concluded between October 31, 2012 and October 40, 2014, and the lease term is determined between October 31, 2014 and December 31, 2014 as the lease term is two months from October 4, 2014, and the rent, etc. is the same as the previous lease term (hereinafter referred to as “the lease contract in this case and the instant lease contract in the order of each lease contract as of October 30, 2012 and November 4, 2014”).
On December 30, 2014, the Defendant returned to the Plaintiff the remainder of KRW 13,326,660 after deducting the overdue rent from the deposit deposit of KRW 20 million. The Plaintiff delivered the instant store to the Defendant on the same day.
E. Meanwhile, while the instant store was illegally extended 34 square meters among 96 square meters, the Defendant did not notify the Plaintiff at the time of signing the contract on September 25, 2010. On January 8, 2016, the Defendant did not notify the Plaintiff of the fact that the instant store was illegally extended. In the instant case, the Defendant did not notify the Plaintiff of the fact that the Plaintiff was obligated to notify the Plaintiff of the illegal extension of the said store in the contract, and the Defendant received KRW 20 million from the Plaintiff as the security deposit, and received a summary order of KRW 2 million.