beta
Text
1. The Plaintiff’s KRW 31,283,00 and the Plaintiff’s annual rate of KRW 5% from June 23, 2015 to September 9, 2015.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On March 31, 2010, the Defendant newly constructed the Jingu in Busan (hereinafter “instant building”) and concluded a lease agreement between the Plaintiff and the Plaintiff on June 1, 2010, setting the lease deposit amount of KRW 200 million, monthly rent of KRW 3.5 million, and December 30, 2012, with respect to the three and ten floors (hereinafter “the instant leased object”) of the instant building up to the lease deposit amount of KRW 200 million, monthly rent of KRW 3.5 million, and the lease term of KRW 30,000,000, and the Plaintiff operated a hospital from September 1, 2010 to the leased object.
B. On December 12, 2012, prior to the expiration of the above lease term, the Plaintiff and the Defendant concluded a lease agreement with regard to the subject matter of the instant lease by setting the lease deposit of KRW 300 million, monthly rent of KRW 7 million, the lease term from January 1, 2013 to December 30, 2014 (hereinafter “instant lease agreement”), and the Plaintiff paid KRW 300 million to the Defendant.
C. Article 5 of the instant lease agreement provides, “If the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and if the lessor has any overdue rent and damages, the lessor shall offset it and refund the balance to the deposit money.”
The instant lease agreement terminated on December 30, 2014, and the Plaintiff delivered the object of the instant lease to the Defendant on December 31, 2014.
E. The Defendant did not refund KRW 300 million to the Plaintiff on the ground that the leased object of this case was damaged or lost, which was in progress on June 16, 2015, and KRW 300 million as the Busan District Court Decision 2015, Jun. 16, 2015, and KRW 6,863,01, calculated at the rate of 5% per annum from January 1, 2015 to June 16, 2015, based on the Plaintiff’s refusal to receive the leased object of this case, from January 1, 2015 to June 16, 2015.