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1. The Defendant: (a) KRW 22,50,000 for the Plaintiff and 5% per annum from May 10, 2015 to December 24, 2015; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2010, the Plaintiff leased the D Hospital Building in Gwangju Mine-gu (hereinafter “instant hospital building”) No. 103 (hereinafter “instant real estate”) from the Defendant as KRW 24 months, deposit money of KRW 350,000,000, monthly rent of KRW 3,000 (excluding value-added tax), and paid the deposit money to the Defendant.
Since then, the plaintiff and the defendant agreed to raise the monthly rent of 3,500,000 won (excluding value-added tax) around October 2012.
B. Around January 13, 2015, the Defendant notified the Plaintiff of the termination of the said lease agreement, and the Plaintiff also expressed his/her consent on March 31, 2015, and delivered the instant real estate to the Defendant on April 9, 2015.
C. On April 30, 2015, the Defendant paid to the Plaintiff KRW 322,319,578 (=350,000 - KRW 3,850,000 - KRW 1,280,50,000, KRW 350,000 for deposit, and KRW 1,280,422 for management expenses on April 2015, and KRW 22,550,00 for restitution expenses, respectively, KRW 322,319,578 (=350,000 - KRW 3,850,000 - KRW 1,280,422 - 22,50,000).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the primary cause of claim
A. 1) According to the facts on the basis of the obligation to return the deposit, the lease contract between the Plaintiff and the Defendant was terminated, and the Plaintiff delivered the instant real estate to the Defendant, the Defendant is obligated to return KRW 350,000,000 to the Plaintiff. 2) The Defendant, which deducted the unpaid rent and management fee from the deposit, deducted the Plaintiff from the deposit, KRW 3,850,000,000, and the management fee for April 2015, deducted the Plaintiff from the deposit.
According to the purport of Gap evidence 2-2 and 3-2 and the whole pleadings, the plaintiff's share of the real estate in March 2015 and the value-added tax thereon are added.