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1. The defendant shall pay 171,218,200 won to the plaintiff and 21,718,200 won among them to the day of complete payment.
Reasons
1. On October 28, 2011, the Plaintiff agreed not to claim the necessary and beneficial expenses to the lessor from Seongbuk-gu Seoul, D, E-ground buildings (hereinafter “instant commercial building”), KRW 100 million, KRW 550,000,000,000, monthly rent of KRW 5500,000 ( separate value-added tax), contract period, between November 10, 201 and November 10, 201, and the lessee agreed not to claim against the lessor.
After that, the contract term has expired, and the defendant did not renew the contract, and on October 31, 2018, the commercial building of this case was returned to the plaintiff.
Plaintiff against the Defendant: (a) during the period from December 2016 to October 2018 when the Defendant possessed and operated the instant commercial building, the Plaintiff sought payment of KRW 149,50,000 in total, including rents, for the period from December 2016 to October 2018 (=6.5 million won + KRW 550,000 in an amount equivalent to value-added tax + management expenses + KRW 4550,00 in an amount equivalent to value-added tax + 450,000 in 23 months); (b) additional value-added tax on bad faith in filing a report, KRW 20,000 in total, KRW 40,00 in value-added tax amounting to KRW 1,718,20 in fire-fighting systems; KRW 171,218,2
2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. Part 3 of the dismissal
A. The plaintiff asserts that the total amount of the rent in arrears is KRW 149,50,000 per annum from the day following the delivery of the copy of the complaint in this case to the day of complete payment.
B. First of all, even if a lease deposit has been granted to a lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship continues.
Therefore, the overdue rent is not naturally deducted from the lease deposit without any separate declaration of intention such as deduction before the termination of the lease contract, but the lessee cannot refuse the payment of the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da211309, Nov. 25, 2016).