1. The Defendant (Counterclaim Plaintiff) paid KRW 15,520,90 to the Plaintiff (Counterclaim Defendant) and its amount from October 23, 2018 to September 22, 2020.

Facts of recognition

On September 23, 2009, the Plaintiff entered into a lease agreement with the Defendant to lease the Geumcheon-gu Seoul Metropolitan Government D Building E heading (hereinafter “instant store”) for KRW 170 million, monthly rent of KRW 4.6 million (payment on September 30, 2009), and the period from September 27, 2009 to September 26, 201, and paid a deposit of KRW 170 million to the Defendant around that time.

On September 26, 201, the Plaintiff entered into a lease agreement with the Defendant as to the instant store with a deposit of KRW 170 million, monthly rent of KRW 6.6 million, and the period from September 27, 2011 to September 27, 2013. However, on December 5, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) as stipulated from November 27, 201 to November 27, 2015 (hereinafter “instant lease agreement”).

The instant lease contract had been implicitly renewed twice on November 27, 2017.

On April 9, 2018, the Defendant carried out air conditioners, air conditioners, air conditioners, etc. owned by the Plaintiff at the instant store.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, and 11, and the purport of the entire pleadings, the establishment of the right to claim the return of the security deposit as to the main claim for the return of the security deposit was terminated on November 27, 2017. Since the contract of this case was terminated on April 9, 2018 by the defendant's release of the plaintiff-owned goods in the store of this case, the defendant is obligated to pay the deposit amount of KRW 100 million and damages for delay to the plaintiff.

The defendant's defenses as to whether to deduct the amount of KRW 70,500,000 (including value-added tax), electricity rates of KRW 9,517,80,00, water rates of KRW 2,669,00, management fees, KRW 1,792,30, and KRW 25,000,000, which the plaintiff did not have any remaining security deposit.

Judgment

The rent, management fee, water fee, and electricity fee deduction for the unpaid rent is 5 million won per month as set forth in the instant lease agreement.