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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 2, 2011, the Defendant leased to the Plaintiff a building on the second floor (hereinafter referred to as “instant building”) on the north-gu Seoul and two parcels of land (hereinafter referred to as “instant building”) located in the port of port by setting the deposit amount of KRW 200 million, monthly rent of KRW 600,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, monthly rent of KRW 20, and the lease period
(hereinafter “instant lease agreement”). B.
The Plaintiff paid KRW 200 million to the Defendant around that time.
[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) while preparing for business in the instant building, the Plaintiff was notified from the Posi-si to the Posi-si that it would not obtain a business license. The Defendant agreed that the Plaintiff would later pay the construction cost, and the Plaintiff paid KRW 8,328,00 to the Plaintiff as the supplementary construction cost. As the Plaintiff paid KRW 8,328,00,000,000 to the Plaintiff, the Defendant agreed to pay the Plaintiff the construction cost under the said agreement. 2) The written evidence Nos. 1, 3,000,000,000,000 won.
In accordance with this agreement, it is not sufficient to recognize that the Plaintiff spent 8,3280,000 won as construction cost, and there is no other evidence to acknowledge otherwise.
Therefore, this part of the plaintiff's assertion is without merit.
B. 1) The fact that the Plaintiff paid KRW 200 million to the Defendant according to the instant lease agreement as seen earlier, and according to the above basic facts, the instant lease agreement was terminated on September 1, 2016. Thus, barring any special circumstance, the Defendant is obligated to return KRW 200 million to the Plaintiff, barring any special circumstance. 2) As to the Defendant’s defense, the Defendant is obliged to return the said lease deposit to the Plaintiff.