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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 50 million with full payment from December 2, 2015.
Reasons
1. Basic facts
A. On November 28, 2011, the Plaintiff leased rent of KRW 200 million for lease deposit, monthly rent of KRW 20 million, and period of November 30, 201, from the Defendant, up to November 30, 201, the Plaintiff operated a coffee specialty store.
B. On July 15, 2015, the Defendant agreed to reduce the leased object under the said lease agreement to 104 and 105 of the said C building to 215.72 square meters, and concluded a new lease agreement with the lease deposit to KRW 50 million, monthly rent to KRW 7 million, and the period until December 31, 2018.
(hereinafter “instant lease agreement”). C.
Until August 26, 2015, the Plaintiff completed the construction of the instant lease agreement on the leased object, the wall surface lux, floor lux construction, etc., and released possession of the leased object.
[Reasons for Recognition] Gap evidence Nos. 1, 2, and 3, evidence Nos. 6-1, 2, 7, and 8, and the purport of the whole pleadings
2. Determination:
A. The plaintiff of the plaintiff and the defendant asserted that since the lease contract of this case was terminated by agreement, the defendant is obligated to refund the lease deposit amount of KRW 50 million.
(Lawsuit) The Defendant is obligated to pay KRW 27,383,452,00,00,000,000,000 for overdue rent and management expenses up to that time, as the instant lease agreement continued until April 30, 2016, which had been terminated by the Defendant, after subtracting KRW 50,000 from KRW 77,383,452.
(Counterclaim). (b)
In full view of the written evidence Nos. 7 and 15, witness D’s testimony and the purport of the whole pleadings, it appears that the Plaintiff demanded the Defendant to terminate the instant lease agreement, and that the Defendant would comply with the agreement if it restores the leased object to its original state. Accordingly, it is reasonable to deem that the instant lease agreement was concluded on August 26, 2015, when it restores the leased object to its original state.