(영문) 대전지방법원 2020.06.17 2018나117942

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(영문) 대전지방법원 2020.06.17 2018나117942

원상복구비 등

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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the lower amount of the counterclaim ordered to be paid shall be lost.

Reasons

1. Basic facts

A. On October 1, 2015, the Lessee entered into a lease agreement with the Counterclaim Defendant, setting the lease deposit amounting to KRW 100,000,000 per month of rent (excluding value-added tax), and the lease term from October 1, 2015 to September 30, 2017 (hereinafter “instant lease agreement”).

Around that time, the counterclaim Defendant paid KRW 100 million to the Counterclaim, and received delivery of each of the instant real estate from the Lessee, and operated the Art Institute with the trade name of “E Art Institute” in the instant building.

B. On October 5, 2015, the Counterclaim Plaintiff filed an application against the Counterclaim Defendant for damages to file a lawsuit regarding the instant lease agreement, and on October 28, 2015, a settlement was concluded between the Counterclaim Defendant and the Counterclaim Defendant on the date of filing the lawsuit and the telephone on October 28, 2015.

(D) The provisions of paragraph (4) of the compromise agreement among the protocol of compromise in the above case (hereinafter “instant protocol of compromise”) are as follows.

4. The respondent (the counterclaim refers to the counterclaim; hereinafter the same shall apply) shall remove the property owned by the respondent, such as the property owned by the respondent, facilities, etc. from the leased object by the expiration date of the lease contract if the lease contract term expires and by the expiration date if the contract term expires if the contract term expires, and by the expiration date of the contract, the property owned by the respondent and the property of the applicant (the counterclaim refers to the counterclaim) shall be restored to the original state at the expense of the respondent and transferred to the applicant.

C. Around the expiration of the instant lease agreement, the counterclaim and the counterclaim Defendant agreed to extend the contract term of the instant lease to one month, and the counterclaim Defendant delivered each of the instant real estate to the counterclaim on October 31, 2017.

On October 27, 2017, the Counterclaim Defendant entered into the instant lease agreement.

유사 판례

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