임대차보증금
1. Of the counterclaim of this case, the part of the claim for refund of deposit of KRW 7,620,996 shall be dismissed.
2. The counterclaim defendants are the defendants.
1. Facts of recognition;
A. On August 19, 2019, the counterclaim Defendants leased 30,000,000,000,000, 1,200,000,000,000, and 24 months, of the lease term (hereinafter “the instant lease agreement”) to the Plaintiff on the counterclaim, as indicated in the attached Table (hereinafter “instant real estate”). The terms and conditions of the instant lease agreement are as follows.
· No compensation shall be made (personal and physical) in the event of a fire within the territory (personal and physical), and additional taxes shall be separately made.
· Restoration to the original condition upon the expiration of the contract period.
The monthly rent shall be the first half of each month and shall be paid on the 20th of each month.
B. The Plaintiff paid KRW 1,200,000 on August 27, 2019 as the rent based on the instant lease agreement, and KRW 1,320,00 on September 23, 2019, but did not pay the rent from October 20, 2019.
The counterclaim Plaintiffs notified the termination of the instant lease agreement by serving the duplicate of the instant complaint, and the duplicate of the instant complaint was served on May 13, 2020 to the Defendant.
(c)
The counterclaim did not pay the electricity charge of KRW 1,156,920 imposed on the instant real estate by March 2020, and did not pay the electricity charge of KRW 102,540 on April 2020. The counterclaim Defendants paid the electricity charge of KRW 1,259,460 on behalf of the Plaintiff.
During the period from June 19, 2020 to July 18, 2020, the unpaid electricity charges of the counterclaim Plaintiff are KRW 99,740,00, and the unpaid water and sewage charges of May 31, 2020 and June 30, 2020 are KRW 2,550.
(d)
D, a counterclaim creditor of the Plaintiff, applied for a seizure and collection order against KRW 7,620,96, out of the deposit under the instant lease agreement (Seoul Central District Court 2019, 124492), and on December 10, 2019, the collection order was served on the Defendants against the same time.
On June 9, 2020, the plaintiff filed an immediate appeal against the above seizure and collection order, but on the ground that the appeal was without merit, the decision of seizure and collection order was approved.
(e) Counterclaim.