손해배상(기)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 3, 2016, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the condition that the Plaintiff will rent the lease deposit amount of KRW 80 million from the Defendant, from October 21, 2015 to October 20, 2017, and the management fee of KRW 50,000,000,000 from October 21, 2015.
(hereinafter “instant lease agreement”). B.
On March 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement as of May 31, 2017, and agreed to refund the lease deposit to the Plaintiff in installments three times in total.
around that time, the Plaintiff delivered the studio of this case to the Defendant, and the Defendant returned to the Plaintiff KRW 25 million on March 20, 2017, KRW 25 million on May 31, 2017, KRW 25 million on May 31, 2017, and KRW 25 million on June 1, 2017, but did not refund the remainder lease deposit amount of KRW 5 million.
C. Meanwhile, the Plaintiff did not pay 100,000 won (=50,000 won x 2 months), gas charges, and electricity charges (436,400 won) to the Defendant for a period of two months concerning the room of this case.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings
2. The judgment of the court of first instance, which held that it is reasonable to dispute the existence and the scope of the obligation of the Defendant from June 1, 2017, as of June 1, 2017, the following day after the agreement on the cause of the principal claim, as the Plaintiff claimed against the Defendant for the payment of KRW 4,551,790 for the unclaimed lease deposit, and for the delayed payment thereof. According to the aforementioned facts, the Defendant is deemed to have claimed against the Plaintiff for the payment of KRW 5,000,000 for management expenses between the two months during which the amount of the unclaimed lease deposit of this case was not paid by the Plaintiff, and the unpaid gas charges and electricity charges (= KRW 436,40,00 for KRW 5,00 - 1,000 - 436,400) and the scope thereof.