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1. The Defendant’s KRW 86,506,581 as well as its annual 5% from May 4, 2019 to May 24, 2019, and the following:
Reasons
1. Basic facts
A. On April 2, 2018, the Plaintiff entered into a lease agreement with the Defendant, Gangnam-gu, Seoul, and 10 stories 820.99 square meters (hereinafter “instant real estate”). From May 1, 2018 to April 30, 2020, the term of lease was from May 1, 2018 to April 30, 2020, the deposit was KRW 100 million (payment of KRW 10 million on February 2, 2018, KRW 90,000 on April 30, 2018), and the rent was KRW 8 million on a monthly basis (hereinafter “instant lease agreement”).
B. Of the instant lease agreement, the content pertaining to the instant case is as follows.
Terms and conditions of the payment of management expenses for the interior period of special agreement:
Above 300 up to or up to 16
4. 30. Where a lessee has terminated a contract during the lease period, the lessee shall pay an amount equivalent to the rent for one month, as compensation for damages fixed, to the lessor separately from the monthly rent.
(2) The lessee shall remove the repaired partitions facilities and other altered facilities at the lessee's expense at the time of the termination of this lease agreement and restore them to the original state at the time of the conclusion of this lease agreement.
A lessor may, at the request of a lessee, perform the same work by proxy at the expense of the lessee.
(hereinafter 3) If the lessee fails to take out his own property or asset for any reason, or fails to restore the leased property to the original state, the lessee shall pay the ordinary rent to the lessor as the determined amount of damages for the rent between the date on which the lease contract is terminated and the date on which it is terminated.
C. On April 2018, the Defendant did not pay to the Plaintiff the remainder of the deposit under the instant lease agreement amounting to KRW 90 million, and expressed his/her intent to cancel the instant lease agreement. On May 10, 2018, the Plaintiff sent to the Defendant a document evidencing the content of the instant lease agreement that sought damages following the rescission of the instant lease agreement, and the said mail reached the Defendant around that time.