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1. The defendant's case of the lease deposit against the plaintiff of Changwon District Court 2016Da98, Changwon District Court 2016.
Reasons
1. Facts of recognition;
A. On September 20, 2012, the Plaintiff and the Defendant concluded a lease contract (hereinafter “instant lease contract”) with respect to approximately 60 square meters among approximately 342 square meters of the 2nd floor of C building in the city owned by the Plaintiff (hereinafter “instant building”), setting the lease deposit amount of KRW 100 million, monthly rent of KRW 320,000 (excluding value-added tax), from September 21, 2012 to September 20, 2014, and the Defendant paid the said lease deposit to the Plaintiff around that time.
B. The Defendant, while operating one Council member with the trade name “DD Council member” in the instant building, decided to extend the term of the instant lease agreement between the Plaintiff and the Plaintiff for 12 months. On September 20, 2015, upon the expiration of the term of the instant lease, delivered the instant building to the Plaintiff.
C. The Plaintiff paid only KRW 45 million out of the lease deposit under the instant lease agreement to the Defendant, and the Defendant filed an application with the Plaintiff for the payment order against the Plaintiff for the payment of KRW 46.3 million remaining after deducting the overdue rent of KRW 8.7 million from the lease deposit of KRW 100 million from the Changwon District Court through the Changwon District Court 2016Ra98 and the refund of KRW 45 million from the Plaintiff. The said court issued the payment order on February 2, 2016, stating that “the Plaintiff shall pay the Defendant the delayed payment amount of KRW 46.3 million from the day following the delivery of the original copy of the payment order to the Defendant and the day of full payment (hereinafter “instant payment order”).
On February 4, 2016, the Plaintiff received the instant payment order, but did not raise an objection, and the said payment order was finalized on February 19, 2016.
E. On June 24, 2016, the Plaintiff: (i) KRW 8.7 million in arrears from the unpaid lease deposit to the Defendant (i.e., KRW 4.83 million in 2014); (ii) KRW 1.26 million in value-added tax on management expenses; and (iii) KRW 3.52 million in rent for one month following delay in restoration to the original state.