임대차보증금
1. The Plaintiff (Counterclaim Defendant) is 608,660 won to the Defendant (Counterclaim Plaintiff) and 5% per annum from September 10, 2015 to January 10, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 18, 2006, the Plaintiff entered into a lease agreement with the Defendant to lease the Seocho-gu Seoul Metropolitan Government 1st floor building (hereinafter “instant building”) from October 25, 2006 to October 24, 2008, the lease deposit amount of KRW 20 million, monthly rent of KRW 200,000,000, and the management fee of KRW 264,000,00, and operated the said building as “D.”
On October 10, 2008, the Plaintiff changed the deposit with the Defendant to KRW 30 million and monthly rent of KRW 2.2 million (excluding value-added tax), but entered into a contract with the same other conditions as before.
B. The Plaintiff and the Defendant agreed to terminate the contract and the delivery of the building, upon implied renewal, to extend the term of the contract by one year on May 2015.
The plaintiff delivered the building of this case to the defendant around July 17, 2015, and the defendant returned the above amount to the plaintiff as the remaining amount after deducting the unpaid rent, etc. from the security deposit of this case 30 million won up to the time.
[Plaintiff is a person who has received a return of KRW 9,981,340 from the Defendant. The Defendant alleged that he returned KRW 9,981,340. However, according to Gap evidence 3-1, the Defendant appears to have returned to the Plaintiff the amount calculated “30,000,000 won (deposit)-20,108,660 won (amount unpaid monthly tax)”, and the above calculation amount is KRW 9,891,340, and it is recognized that the Plaintiff returned KRW 9,90,00,000,000,000,000 won, which is the Plaintiff). [The grounds for recognition]] The fact that there is no dispute, Gap 1-3, Eul 1, and the purport of the entire pleadings
2. Determination on the principal lawsuit and the cause of counterclaim
A. The plaintiff's assertion (i) The defendant should pay 20,100,000 won (=30 million won-9,000 won) and damages for delay for the lease deposit not yet returned.
The monthly rent, management fee, parking lot substitution fee, common electricity fee, water supply and sewerage fee that the plaintiff should have received during the term of lease.