임대차보증금
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the attached list from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around November 22, 2010, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff paid KRW 15,000,000,000 to the Defendant for lease deposit, monthly rent of KRW 15,00,000, and the lease term of KRW 30,000 from December 30, 2010 to June 30, 2013 (hereinafter the instant lease agreement).
B. The Plaintiff carried out ice-related facility renovation and maintenance works, office offices, and stone-building repair works (hereinafter “the instant construction”). The Defendant paid KRW 24.5 million to the Plaintiff as construction cost related thereto.
C. On May 23, 2011, the Defendant sent to the Plaintiff a certificate of content that “from January 1, 2011 to May 30, 2011, the Defendant sought payment of the unpaid monthly rent of KRW 7.5 million.”
On June 17, 2011, the Plaintiff entered into the instant construction project under the agreement that the Defendant bears the construction cost, and the Defendant did not pay KRW 14,243,750 for additional construction cost. Accordingly, the instant lease contract is terminated.
The certificate of content written in the statement " was sent."
E. The Plaintiff did not deliver the instant building to the Defendant until now.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 26, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. 1) The grounds for the claim are as follows: ice factory located in the Plaintiff’s building of this case; and ice factory of this case is also subject to the instant lease agreement.
In relation to this ice plant, the Plaintiff performed the instant construction work by bringing KRW 45,743,750, under an agreement that the Defendant would pay the construction cost. The Defendant paid KRW 24,50,000 among them, and did not pay the remainder of KRW 21,243,750, and the Plaintiff terminated the instant lease agreement on June 17, 201.