(영문) 서울서부지방법원 2016.02.02 2015가단11659



1. The Defendant (Counterclaim Plaintiff) received KRW 26,400,000 from the Plaintiff (Counterclaim Defendant) and simultaneously reflects the Plaintiff.


A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 1, 2003, the Plaintiff leased the instant real estate to the Defendant for a fixed period of 20 million won, monthly rent of 400,000 won, and from June 1, 2003 to May 31, 2005 (hereinafter “the instant lease”), and around that time, delivered the instant real estate to the Defendant.

The defendant also paid the security deposit to the plaintiff around that time, and the lease of this case was implicitly renewed after the expiration of the above period.

B. Upon the Defendant’s delinquency in paying the rent under the instant lease agreement, the Plaintiff filed a lawsuit claiming for the surrender of building name as Seoul Western District Court 2012Kadan12071 on March 20, 2012.

Thus, the defendant asserted that the child care center is liable for damages caused by the inundation of the water meter installed by the plaintiff, and that the above court filed a counterclaim seeking payment of damages of KRW 27,120,000 and KRW 20,000,000 and KRW 47,120,000 in total, as the above court 201da5620 and KRW 20,000.

(hereinafter the foregoing principal lawsuit and counterclaim together are referred to as “instant related lawsuit.” Gohap agrees to ensure the lease for one year from January 1, 2013 to December 31, 2013 and to extend one year thereafter, if the following is observed with respect to all cases (a lease-related evacuation lawsuit and a lawsuit filed by a lessee) that occurred before December 31, 2012: < Amended by Act No. 11614, Jan. 1, 2013>

2. The monthly rent shall be 2,200,000 won per day, while the deposit for rental shall be 26,40,000 won; and

C. On January 11, 2013, the Plaintiff, while continuing the instant litigation, drafted a written agreement with the Defendant with the following content (hereinafter “instant agreement”). D.

On January 16, 2013, the Defendant paid KRW 26,400,00 to the Plaintiff.

E. On February 8, 2013, the Defendant withdrawn the said counterclaim, and the Plaintiff on February 13, 2013.