보증금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 60,400,000 to the Plaintiff (Counterclaim Defendant) and its payment from June 30, 2014 to September 8, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is the owner of the second floor neighborhood living facilities of the 2nd floor (hereinafter “the instant building”) of the Seosan City, Seosan-si, the Busan High School and the Busan High School for the C-Wol C-Wol C-Wol C.
B. On September 11, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 60 million, KRW 700,000 per month, and the lease term from October 12, 2009 to October 11, 2014 (hereinafter “instant lease agreement”), and received delivery of the instant building on October 2009.
C. Around 2000, the instant building was newly constructed as a second floor neighborhood living facility building on the 2nd floor of the Gacart, and around 2004, around the time when the Defendant purchased the instant building, the building was extended to the 1st floor of the Gac Winter Building, which was around the time when the Defendant purchased the instant building. The entire building before the instant lease contract was used as a second floor multi-story, but the Plaintiff completed the construction work, such as installing heat facilities on the 2nd floor after the lease of the instant building, and used the 1st floor as an beauty room and the 2nd floor as a residence.
During the Plaintiff’s use of the instant building, the Plaintiff demanded repair to the Defendant due to the roof leakages between the existing building and the existing building, and the Defendant completed repair on or around September 201, and thereafter did not generate water leakage phenomenon.
E. On March 7, 2014, the Plaintiff sent the instant building to the outside of 06:0, and around March 18, 2014, around 18:04, around which a fire occurred in the instant building, and damaged the air conditioners, clothes, and other office fixtures of the second floor. Damage was inflicted on the area of 43 square meters in the second floor.
(f) The fire site inspection report on the instant fire was conducted in a state where the fire brigade in receipt of the report was in a state where the flame was dried up from the second floor of the instant building at the time of arrival, and the second floor was dried up, and the first floor was fluent, and thus, the fireproof floor is adjacent to the left-hand side of the building, the left-hand side of the building, and the roof.