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1. As to KRW 980,474,161 among them and KRW 200,00,000 among them, the Defendant shall start from June 8, 2017 to August 24, 2019.
Reasons
1. The description of the claim is as shown in the annexed sheet of claim.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. On November 1, 2017, some of the Plaintiff filed a claim for the return of the deposit for partial dismissal of the lease deposit with the Defendant to lease part of the first floor of the building for the ground of Daejeon Seo-gu Daejeon (hereinafter “the leased object of this case”) at KRW 100,00,000, monthly rent of KRW 2,000,000 (payment by the method of deduction from the deposit for lease), and the Defendant filed a claim for the return of KRW 65,193,131, on September 27, 2018, on the ground that the lease contract was terminated by selling the above land and the building for the factory, including the leased object of this case, to D Co., Ltd. on September 27, 2018.
However, at KRW 100,00,000, the Plaintiff calculated KRW 39,525,839 in total, the monthly rent and management expenses to be paid by the Plaintiff to the Defendant. However, as the Defendant failed to sell the leased object as above, the amount of KRW 4,718,970 in total, from October 2018 to December 2018, the Plaintiff agreed to the Plaintiff that he would bear expenses for the lease deposit amounting to KRW 65,193,131 (= KRW 100,000) by adding the above KRW 65,193,131 in total, and calculated the amount of the lease deposit amount (= KRW 39,525,839 won, KRW 4,718,970).
However, it is insufficient to recognize that the evidence submitted by the Plaintiff, such as the statement in Gap evidence Nos. 3 through 5 and 9, was insufficient to recognize that the Defendant agreed for the Plaintiff to bear management expenses for the leased object of this case from October 2018 to December 2018, and there is no other evidence to acknowledge this otherwise.
Therefore, the part of the claim that additionally claims KRW 4,718,970 in excess of KRW 60,474,161 (=100,000,000 - KRW 39,525,839), among these claims, is dismissed as it is without merit.
Some of the claims for damages for delay of lease deposit are claiming against the defendant for damages for delay after September 28, 2018.