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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 30 million from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On October 9, 2009, the Plaintiff: (a) attached Table 1, 2, 3, 4, 5, 6, and 1 among the 1st floor of the building listed in the attached Table to the Defendant and C; and (b) leased the leased deposit amount of KRW 30 million, monthly rent of KRW 1940,00,000, and the period of December 31, 201.
B. Around the expiration of the term of the above lease agreement, C, a joint lessee of the instant store, transferred all the rights to the instant store to the Defendant. On January 2, 2012, 201, the Plaintiff re-established the lease agreement on the instant store, which was set up on January 2, 2012, and up until December 31, 2013, the lease deposit amount of KRW 30 million, monthly rent of KRW 220 million, KRW 200,000, KRW 2000, KRW 2000, KRW 2
C. On January 1, 2014, the Defendant re-written a lease agreement on the instant store, and was set up by December 31, 2015, with the lease deposit of KRW 30 million, monthly rent of KRW 2.4 million, and the period of December 31, 2015.
On September 17, 2015 and December 17, 2015, the Plaintiff expressed to the Defendant that the lease agreement on the instant store will not be renewed any longer by mail.
[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, 2, 3, Evidence No. 3-1, 2-2, Evidence No. 1-1, 2-2, and the purport of the whole pleadings
2. Determination:
A. Considering that (1) the Defendant continued to have leased the instant store from October 9, 2009, and the lease deposit was continuously KRW 30 million, it is reasonable to deem that the lease contract on the instant store between the Plaintiff and the Defendant was renewed two years each time on January 2, 2012 and January 1, 2014.
(2) The term of the instant lease agreement with respect to the instant store is until December 31, 2015 upon renewal of the contract. Since the expiration date exceeds five years from the date when the first lease contract was concluded, the Defendant is more than the period pursuant to Article 10(2) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).