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1. The Defendant (Counterclaim Plaintiff) receives KRW 400,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On August 15, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a limited liability company MP Korea (hereinafter “SS Korea”) by setting the lease deposit amount of KRW 400 million with respect to the lease deposit amount of KRW 196.37 square meters on 3rd floor, 75.04 square meters on 4th floor, 755.04 square meters on 5th floor, and 75.04 square meters on 5th floor (hereinafter “instant building”). From August 15, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) from August 15, 2012 to August 14, 2022.
At the time, the Plaintiff and the Nonparty Company agreed to pay KRW 100 million on the date of the instant lease agreement, KRW 100 million before the commencement of lease, and KRW 200 million by April 30, 2013.
B. On November 15, 2012, in order to operate a pharmacy in the instant building, the Defendant entered into a sublease contract with the Nonparty Company with respect to the instant commercial building, which is a part of the first floor of the instant building, as to KRW 400 million of the sublease deposit and the sublease period from November 24, 2012 to November 23, 2022 (hereinafter “instant sublease contract”). The Plaintiff consented to the said sublease by the Nonparty Company.
C. On the other hand, on December 3, 2012, the Plaintiff entered into a contract to establish a right to lease on a deposit basis (hereinafter “instant right to lease on a deposit basis”) with the Defendant, setting the term of the right to lease on a deposit basis as from December 3, 2012 to December 2, 2015 with regard to the instant commercial building from December 3, 2012. Accordingly, the registration of the establishment of the right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) was completed on December 10, 2012.
However, on or around August 6, 2013, the Plaintiff notified the non-party company of the termination of the instant lease agreement on the grounds that the non-party company did not pay KRW 200 million among the lease deposit stipulated in the instant lease agreement, and that the rent and management fee were not paid properly. The notification is around that time.