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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 2, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Mapo-gu Seoul, and the Plaintiff to lease KRW 168.71 square meters of the third floor (hereinafter “instant store”) among the buildings with five and five parcels, KRW 100 million,00,000,000,000,000,000,000,000 for the remainder of KRW 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,00,000).
A lessor shall ensure that the lease term is five years.
Any balance of KRW 90 million, which shall be paid in advance on January 23, 2014, on the payment date of the balance, the remainder of KRW 50 million, and the unpaid KRW 50 million shall be paid in the amount of KRW 300,000 per month for the unpaid KRW 50,000.
When the deposit is fully paid, the attachment of Mapo-gu Office shall be cancelled and the attachment of Mapo-gu Office shall be cancelled.
A lessor does not recognize the premium and time facilities of a lessee.
The cases of provisional seizure shall be handled promptly as a result of the judgment.
B. Around that time, the Defendant paid KRW 40 million out of the remainder to the Plaintiff and paid KRW 74,841,150 to operate Hanwon after receiving the delivery of the instant store.
C. On January 24, 2014, the Defendant terminated the instant lease agreement on the ground that “the Plaintiff paid KRW 50 million to the Plaintiff on January 23, 2014, and refused the Defendant’s request to cancel and terminate the attachment of Mapo-gu Office and Mapo Tax Office, and subsequently violated the said special agreement.” The Defendant demanded compensation of KRW 74,851,150 for the amount of money paid after deducting the unpaid monthly rent from the lease deposit amount to KRW 50 million.
After the Defendant delivered the instant store to the Plaintiff, on May 9, 2014, the Defendant received a provisional attachment order with respect to the said store as Seoul Western District Court 2014Kadan30214, the claim amounting to KRW 124,781,150, and the Plaintiff around July 16, 2015.