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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordered to pay.
Reasons
1. Basic facts
A. On October 17, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Seoul Jung-gu Seoul Central District Court to lease KRW 15 million, monthly rent of KRW 1250,000 (in the case of monthly rent, KRW 1.3 million from July 1, 2016 to December 31, 2015) with respect to KRW 24.25 square meters (hereinafter “instant real estate”). From November 1, 2014 to December 31, 2015, the Plaintiff concluded a lease agreement to lease the monthly rent of KRW 15 million.
(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.
Article 5 (Termination of the Contract) (1) The Plaintiff shall settle the settlement after presenting documentary evidence of the full payment of taxes and public charges (such as telephone charges, electricity charges, water, garbage charges, and other public charges incurred due to the business operations) incurred during the lease period prior to the termination of the contract.
② Where a contract is terminated, the Plaintiff shall restore the instant real estate to its original state without fail, and shall clearly notify the Defendant of his/her intention of termination three months prior to the termination.
Article 6 (Aggravated Termination) The plaintiff cannot unilaterally reverse the contract without the consent of the defendant, and when the plaintiff renounces his/her business due to other personal reasons during the lease period, the plaintiff shall bear all management expenses, public charges, and rent by the time of the selection of the next lessee and the occupancy with the consent of the defendant.
B. The instant lease agreement was implicitly renewed, and on November 24, 2016, the Plaintiff sent to the Defendant a certificate that the contract will not be extended upon the expiration of the contract term, and the said certificate reached the Defendant around that time.
C. On December 31, 2016, the Plaintiff delivered the instant real estate to the Defendant. On January 6, 2017, the Defendant returned 14,918,500 won remaining after deducting KRW 81,500 out of the deposit amount of KRW 15 million from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 15, the purport of the whole pleadings
2. Determination on the main claim
(a) the basis for the determination of the cause of the claim;