1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.

In the court of first instance, the plaintiff, as the principal claim, filed a claim for the return of the lease deposit of KRW 2,613,560 and the claim for damages equivalent to KRW 80,000 and management fees of KRW 324,369 (=2,613,560, KRW 80, KRW 324,369). The defendant filed a claim for the return of unjust enrichment of KRW 2,305,80 against the plaintiff as the counterclaim, and the court of first instance dismissed the defendant's claim for the counterclaim.

As to this, only the plaintiff appealed against the principal lawsuit of the judgment of the court of first instance, and the defendant did not appeal. Thus, the subject of the judgment of the court of first instance is limited to the principal lawsuit of the judgment of the court of first instance.

Basic Facts

On June 12, 2017, the Defendant purchased the Dama E (hereinafter “instant store”) located in Ansan-si, Ansan-si, and succeeded to a lease agreement with the lessee (hereinafter “former lessee”) who was operating the Fart Institutes by leasing the instant store at the time of purchase.

On October 2017, the former lessee moved out of the instant store.

On November 1, 2017, the Defendant leased the instant store to the Plaintiff with the lease deposit of KRW 10,000,000,000, monthly rent of KRW 700,000 as the lease term of KRW 24 months (hereinafter “instant lease contract”) and delivered the instant store to the Plaintiff on the same day (hereinafter “instant lease contract”).

The Plaintiff paid the Defendant monthly rent of KRW 300,00 on January 31, 2018, KRW 700,000 on February 28, 2018, KRW 700,000 on March 30, 2018, KRW 700,000 on April 30, 2018, KRW 700,00 on June 1, 2018, KRW 700 on June 30, 2018, KRW 700,000 on June 30, 2018, and KRW 700,000 on August 2, 2018, and no rent was paid after August 2018.

Accordingly, the Defendant terminated the instant lease contract on December 16, 2018 on the grounds of the foregoing rent delay, and the Plaintiff demanded the Defendant to return KRW 6,793,560, which deducts KRW 3,206,440 from the lease deposit, from the lease deposit to December 18, 2018.