beta
Text
1.The judgment of the first instance shall be modified as follows:
The defendant shall be KRW 20,000,000 from the plaintiff 1.
Reasons
1. Facts of recognition;
A. On May 22, 2013, the Plaintiff entered into a lease agreement with the Defendant on the condition that each of the instant real estate owned by the Plaintiff will be leased to the Defendant by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 700,000 (value-added tax by category, monthly rent of KRW 22), and the lease term from May 22, 2013 to May 21, 2015 (hereinafter “instant lease agreement”).
B. On May 7, 2013, the Defendant paid to the Plaintiff KRW 20 million, totaling KRW 10 million and KRW 10 million on July 26, 2013.
C. On March 18, 2015, the Plaintiff refused the Defendant’s request for renewal of the contract pursuant to Article 10(1)8 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”) on the ground that the Defendant failed to perform his/her duty to pay KRW 10 million for the lease deposit, and sent a certificate of the purport that the instant lease contract is terminated on May 21, 2015, and issued the certificate of the same purport on April 15, 2015.
The Defendant operated a coffee shop with the trade name “C” in each of the instant real estate. Before March 17, 2015, the Defendant requested the Plaintiff to renew the instant lease agreement, but was served with the Plaintiff on March 18, 2015, and issued a certificate of content that demanded the renewal of the instant lease agreement to the Plaintiff on April 2, 2015.
E. From July 2015, the Plaintiff refused to receive rent from the Defendant by means of removing the bank account that was paid by the Defendant from around July 2015, and the Defendant deposited 70,000 won monthly from July 24, 2015 to October 24, 2016 with the Busan District Court’s Dong Branch as the Plaintiff.
[Ground for recognition: Unsatisfy, Gap 1, 2, and 3 evidence (if available, including branch numbers; hereinafter the same shall apply)
(ii)each entry in evidence Nos. 4, 7, and 12, and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1