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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On September 29, 2010, the Plaintiff concluded a building lease agreement with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 3.1 million, and 12 months for the lease term, with respect to the three-dong factories of the building located in C (hereinafter “instant building”).
(hereinafter referred to as "the instant lease agreement". (b)
On June 30, 2018, the Defendant expressed to the Plaintiff the intent to terminate the instant lease agreement, and agreed that the Plaintiff and the Defendant terminated the instant lease agreement on September 30, 2018.
C. From June 2018, the Defendant did not pay monthly taxes to the Plaintiff, and the unpaid monthly taxes until September 30, 2018 were KRW 820,000,000.
On January 11, 2019, the Plaintiff returned to the Defendant the full amount of KRW 11.78,000,000 after deducting the aforementioned monthly rent from the lease deposit amounting to KRW 20,000,000, and the Defendant removed from the building of this case on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) From October 1, 2018 following the termination date of the instant lease agreement, the Defendant occupied the instant building from October 1, 2018 to January 11, 2019, and did not pay the Plaintiff rent at all. As such, the Defendant appears to be an error in calculating the amount of KRW 1,148,00,00 in total, equivalent to the rent during the said three-month period (i.e., KRW 3., KRW 3410,00 per month x KRW 3410,00 per month x KRW 341,00 per month x 11/30 per day.
(2) During the term of the instant lease agreement, the Defendant destroyed the building’s outer wall by using the instant building, which conflict with one another, etc., and damaged the building’s inner floor, etc., and while the Defendant occupied the instant building without permission, the instant building from October 5, 2018 to November 4, 2018.