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1. The part concerning the principal lawsuit in the judgment of the court of first instance, which exceeds the following part ordering payment.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be all filed;
A. 1) The Defendant prepared a lease contract between the Plaintiff and the Defendant (hereinafter “instant store”) 107 and 108 of the Dong-si Seo-gu Seoul Special Metropolitan City (hereinafter “instant store”).
(2) On December 1, 2011, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff between the Plaintiff and the Defendant, setting up a deposit of KRW 100 million, monthly rent of KRW 4.2 million, and the term of lease from December 10, 201 to December 10, 2012, to lease the instant store (hereinafter “instant lease agreement”).
B. D had occupied and operated the instant store prior to the formation of the instant lease agreement. D paid the Defendant a monthly rent equivalent to the monthly rent to the Plaintiff, separate from the monthly rent, since December 1, 2011. 2) D closed down a store operated at the instant store around November 2014.
Since D could not pay the monthly rent to the Defendant before and after the closure of the above business, the Plaintiff paid the monthly rent to the Defendant according to the instant lease agreement.
3) After D’s closure of the said shop, E has occupied the instant store and operated it in the same form as above. (C) Meanwhile, in the situation where the Plaintiff and the Defendant settled prior to the expiration of the occupancy period of the instant store, the measures were taken to extend the said period. On February 1, 2016, the Defendant filed an application for conciliation against the Plaintiff on February 1, 2016, Seoul Eastern District Court 2016M1204 to seek the name order of the instant store, and the Plaintiff began consultations on the delivery of the instant store from that time.
2. On March 11, 2016, the Plaintiff and the Defendant shall deliver the instant store to the Defendant by March 2016, and the Defendant shall, upon receipt of such delivery, refund 29 million won in the balance of the deposit.
except that the deposit balance.