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1. On August 9, 2017, the Seoul Central District Court decided 2016Na5101, and 2016Na51018 (Counterclaim) against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. On November 8, 2010, the Defendant, who is the actual operator of B, entered into a lease agreement with the Plaintiff on the first floor of the building D (hereinafter “instant store”) of Daejeon-gu Daejeon-gu, Daejeon-gu, with the lessee and the above company; the lease term from December 1, 2010 to November 30, 2015; and the lease deposit amount from November 30, 2015 to KRW 500 million (hereinafter “instant lease agreement”).
B. On October 8, 2014, the Defendant filed a counterclaim against the Plaintiff, claiming the return of KRW 70,220,000,000, which was paid as part of the lease deposit, with unjust enrichment, and against the Defendant, the Plaintiff filed a counterclaim against the Defendant for the payment of KRW 1.2,22,20,000,00,00,000 for overdue rent of three months and overdue rent of KRW 72,60,000 and KRW 13,220,00,000 for overdue rent of KRW 85,80,00,000 for overdue rent of three months, and KRW 36,40,00,00 for overdue rent of KRW 222,222,00,00,00 for the remainder of the lease deposit. As a result, the court of first instance accepted the Defendant’s claim on July 20, 2016, and rendered a judgment dismissing the Plaintiff’s counterclaim.
Seoul Central District Court 2014Kadan20925 (principal lawsuit), 2015Kadan194528 (Counterclaim), hereinafter referred to as "the judgment of the first instance of this case").
As a result of the Plaintiff’s appeal against the judgment of the first instance, the appellate court accepted part of the Plaintiff’s appeal against the Defendant’s principal claim on August 9, 2017. The appellate court recognized only the remainder of KRW 2,63 million after deducting the lease deposit amount of KRW 85,80,000 from the lease deposit amount of KRW 120,000,000,000,000 for three months from December 1, 2010 to February 2, 2011, and KRW 13,260,000,000 and KRW 7,90,000,000 from the lease deposit of KRW 1.2,00,000,000,000,000 + KRW 85,880,000,000,000) and damages for delay under the law, which exceeds this.