보증금반환 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 22,451,150 to the Plaintiff (Counterclaim Defendant) and its related amount from January 20, 2012 to August 22, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 12, 2005, the Plaintiff leased the 60,000,000,000, monthly rent of 3,300,000 (Additional tax; hereinafter the same shall apply) from the Defendant, the 6th floor of the Seoul Special Metropolitan City, Nowon-gu (hereinafter the “instant building”) from the Defendant during the lease period from October 12, 2005 to September 30, 2007, and thereafter paid the 60,000,000,000 won to the Defendant around that time, and received delivery of the said building.
B. On September 30, 2007, the Plaintiff concluded a lease contract again with the Defendant by setting the lease period to KRW 3,700,000, by September 30, 2009. On September 30, 2009, the Plaintiff increased the monthly rent to KRW 3,950,000, and entered into a lease contract again by setting the lease period to September 30, 201 (hereinafter “instant lease contract”).
C. Under each of the above lease agreements, when the Plaintiff delays the payment of monthly rent, 3% of the monthly delayed payment should be added to the monthly delayed payment, and when the contract is terminated and ordered, the Plaintiff may be paid the deposit to be restored according to its original condition. The Plaintiff agreed to deduct all of the expenses from the Plaintiff’s deposit in the event that the Defendant is restored due to its failure to restore the original state.
Around October 2009, the Plaintiff demanded the head of the Defendant management office D to terminate the instant lease agreement, and around April 30, 2010, delivered the instant building to the Defendant.
E. On March 24, 2011, the Defendant concluded a lease agreement on the instant building with a natural Acomer Co., Ltd., Domins Korea Co., Ltd., and the said companies run their businesses upon delivery of the instant building on May 1, 201, using most of the facilities installed by the Plaintiff as they were.
[Ground of recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Gap evidence 3 through 6, Eul evidence 1, 3 and 4, and video, witness D, E's testimony and the purport of the whole pleadings
2. Determination as to the cause of the principal claim