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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On January 1, 201, the Defendant entered into a lease agreement with C and C, and with respect to the gas station E located in Namyang-si, the Defendant owned by the Defendant (hereinafter “instant gas station”), setting the lease period of KRW 100,000,000, monthly rent of KRW 9,000,000 ( separate value-added tax), and the lease period of KRW 1,000,000, from February 1, 201 to January 31, 2014, and extended the lease period by August 31, 2017.
B. On September 1, 2017, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the instant gas station by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 9,000,000 ( separate value added tax), and the lease period from September 1, 2017 to August 31, 2020.
However, the plaintiff was transferred from C to the defendant the right to refund the lease deposit amount of KRW 100 million which C has to the defendant, and did not pay the lease deposit separately to the defendant.
(c)
According to Article 6 of the instant lease agreement, the Plaintiff shall conduct a soil contamination inspection within 30 days prior to the termination of the lease agreement and prove that there is no soil contamination at the time of delivery of the object.
(d)
The Plaintiff and the Defendant terminated the instant lease agreement on February 18, 2018, and the Plaintiff delivered the instant gas station to the Defendant.
【Unfounded grounds for recognition】 Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers) and the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment on the cause of the claim, the instant lease contract was terminated upon termination of the agreement, barring any special circumstance, the Defendant is obligated to refund the Plaintiff the remainder of KRW 83,735,714, and the delayed damages therefrom, deducting KRW 16,264,286, the Plaintiff, out of KRW 100,00,000,000,000,000.
B. The Defendant’s assertion 1) Although the Plaintiff is obligated to faithfully comply with all laws and regulations, such as the Act on the Prevention of Soil Contamination, pursuant to Article 6 of the instant lease agreement, it is intentional.