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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Buildings listed in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. The Defendant is a party owner of 199/200 shares of the building listed in the separate sheet (hereinafter “instant building”).
(2) On January 12, 2017, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “the instant lease”) part (a) of 248 square meters in the ship connecting each point of the No. 1, 2, 3, 4, 5, and 1, in sequence, among the underground floors of the instant building from the Defendant (hereinafter “instant store”) on January 12, 2017.
B. The lease term of this case was set as the lease term from February 15, 2017 to two years, the deposit amount was KRW 30 million, and the rent was KRW 1.3 million per month (value-added tax separately).
According to the special agreement, the defendant has made a flood control construction as the cycle, and the defendant has to receive the rent from the completion of the construction.
C. The Plaintiff’s closure of business was discontinued on August 2017 while operating the instant store at the end of the instant store.
[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 2, the purport of the whole pleadings
2. Determination as to the claim for refund of lease deposit and the counterclaim among the principal lawsuit
A. (1) Determination as to the cause of the principal claim (i) the lessor is obligated to maintain the condition that the lessor can use and benefit from the object.
(Article 623 of the Civil Code). If the obligation is not fully performed, the obligor must prove that there is no reason to be responsible for it.
(See) (2) The following facts do not conflict between the parties, or are related to Gap’s evidence Nos. 3, 4, 12, 18, 19, 24, Eul evidence Nos. 4, 5, 8-1, 2, 5, 7-1 through 33, 8, 9-1, 10, 11-1 through 3, 14-1, 14-1, 27-1, 33-2, 34-1, 34-3, 35, 136-1, 37, 37-4, 37, 37-1, 37, 14-1 through 3, 14-1, 14-3, 14-1, 27-1, 27-2, 34-1 through 35, 36, 37-4, 1 of the witness evidence No.