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1. At the same time, the Defendant received buildings listed in the separate sheet from the Plaintiff, from the Plaintiff at KRW 20,000,000 to the Plaintiff.
Reasons
1. The facts following the facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in the entries in Gap evidence 1, 3, and 4.
On December 4, 2009, the Plaintiff leased from the Defendant the building listed in the separate sheet (hereinafter “the instant building”) at KRW 4 years, deposit KRW 20,000,000 per month, and KRW 600,000 per month of rent (hereinafter “the instant lease”). At the time, the Plaintiff agreed with the Defendant on the following special terms:
(1) Where a lessor does not want to renew a contract after the expiration of the contract period, the lessor shall pay 15,000,000 won as premium to the lessee separately from the lease deposit.
Likewise, if the lessee does not want to renew the contract after the termination of the contract, the lessee cannot claim 15,00,000 won for the premium to the lessor.
(2) Where water flows out below the ground to hinder funeral services, a lessee may suspend the payment of rent by the completion date of construction.
B. The Plaintiff paid the deposit to the Defendant pursuant to the instant lease agreement, and paid only the rent up to March 2012 by the delivery of the instant building, and operated the main points in the instant building, and used and profit therefrom.
C. On November 5, 2013, the Defendant sent to the Plaintiff a letter of text to the effect that he/she would not renew the contract, and expressed his/her intent of refusal to renew the contract.
2. Determination on the lease deposit and the claim for refund of the premium
A. (1) According to the above facts as to the claim for return of lease deposit, the instant lease contract was terminated on December 4, 2013, and barring any special circumstance, the Defendant is obligated to pay KRW 20,000,000 to the Plaintiff, barring any special circumstance. (2) According to the above facts as to the claim for return of the premium, the instant lease contract was terminated on December 4, 2013. The Defendant’s refusal to renew the lease contract to the Plaintiff.