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1. The defendant shall receive KRW 2,939,203 from the plaintiff and at the same time ground of the real estate stated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On March 23, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of KRW 25,340,000, monthly rent of KRW 3,077,00 (additional tax) and the lease period of May 15, 2012 to May 14, 2017 (hereinafter “instant lease agreement”).
B. On September 27, 2012, the Defendant completed the registration of the establishment of chonsegwon by the receipt of the branch office of Suwon District Court for the branch office of Sungwon District Court as to the leased object of this case under Article 57317.
C. Around February 2017, the Plaintiff notified the Defendant of his/her intention not to renew the lease agreement upon the termination of the lease agreement as of May 14, 2017, and the Defendant returned the leased object to the Plaintiff on September 21, 2017, and completed restoration of the inside facilities, etc. around October 20, 2017.
Meanwhile, after May 15, 2014, the Defendant paid to the Plaintiff a total of KRW 16,060,027 under the name of rent.
Article 5 (Payment and Return of Deposit) (4) of the main contents of the instant lease agreement (payment and Return of Deposit) (Article 3(2)) shall perform the obligation to restore to the original state when the contract is terminated, and the lessor shall return the deposit to the lessee within 10 business days after ascertaining that the lessee has restored to the original state.
However, if the lessee is liable to pay the lessor in accordance with the overdue user fee, management fee, or this contract, only the balance after deducting it from the deposit shall be refunded.
E. The main contents of the instant lease agreement are as follows.
Article 7 (Interest/Compensation for Delay) If a lessee fails to pay a deposit, use fee, management fee, value-added tax, etc. on the agreed date, he/she shall apply the overdue interest rate of 18% per annum and pay the amount of damages to the lessor.