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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On June 26, 2012, the Plaintiff: (a) lent the instant land ( approximately KRW 1980 square meters among the Namdong-gu B Miscellaneous land); (b) KRW 100 million; (c) monthly rent of KRW 3 million; and (d) from July 1, 2012 to June 30, 2013; (c) the Defendant paid KRW 50 million out of the deposit on June 26, 2012; and (d) delivered the instant land on July 20, 2015, after the expiration of the lease term; (b) the Defendant was obligated to pay the Plaintiff KRW 7,59 million in total for the period from July 1, 2013 to July 20, 2015 to KRW 300,000,000,0000,000,0000,000,000 won x KRW 2530,530,000).
B. On November 1, 2013, the Plaintiff issued a reduction of the monthly rent of KRW 2 million to the Defendant from July 1, 2013, and thus, if the Plaintiff deducts the deposit of KRW 56 million from the monthly rent of KRW 23 months from July 1, 2013 to July 20, 2015 (=2 million x 23 months), the Plaintiff should pay the remainder of the deposit to the Defendant.
2. Determination
A. On November 11, 2013, in full view of the purport of the entire pleadings in the statement in the evidence No. 3, the Plaintiff drafted an implementation agreement (Evidence No. 3) with the Defendant that “The Plaintiff calculated the amount of KRW 50 million from July 1, 2013 to the delivery of the instant land by calculating the rent of KRW 2 million from June 26, 2012 to the monthly rent of KRW 200,000,000 in the lease agreement on the instant land as of June 26, 2012, and agreed to pay the remaining deposit to the Defendant, and the Plaintiff’s employees C are responsible for and implement the remaining bond.” The Plaintiff signed and sealed the performance agreement, but the Defendant did not sign it.
B. Under Article 506 of the Civil Act, a claim shall be extinguished when the creditor expresses his/her intention to exempt the obligor from the obligation.
As such, the exemption of obligation is a sole act by the obligee’s declaration of intention, and if the obligee expresses his intent of exemption.