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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.
Reasons
1. Basic facts
A. The Plaintiff is the owner of each stable building listed in the separate sheet No. 2 as shown in the annexed sheet No. 1 (hereinafter “each stable building of this case”).
B. On April 17, 2015, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant lease agreement”) with each of the following terms: KRW 50,00,000 for lease deposit; KRW 3,000 for the rent month; KRW 3,00,000 for the first two-month payment; and KRW 1,50,000 for the subsequent two months; and the lease period from May 30, 2015 to May 30, 2018 (hereinafter “instant lease agreement”).
C. The main contents of the instant lease agreement are as follows.
Article 2 (Duration) A lessor shall deliver the said real estate to the lessee by May 30, 2015 in a condition that he/she can use or benefit from the said real estate for the purpose of the lease, and the lease period shall be from the date of delivery to May 30, 2018.
Article 4 (Termination of Contract) If the lessee fails to pay the rent for a period of two years, or if he/she violates Article 3, the lessor may terminate the contract without delay.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
Matters of special agreement
1. On-site answers (a contract under the present state);
2. Preparation of separate annexed agreements;
3. Gyeonggi-do E (a contract excluding approximately 660 square meters, among 7,802 square meters).
D. Defendant B paid KRW 50,000,000 as the lease deposit (hereinafter “the lease deposit of this case”) pursuant to the instant lease agreement, and received delivery of each of the instant cattle items from June 2015 to Defendant C, his father, as well as each of the instant cattle items.