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1. The counterclaim Defendant: 3,326,148 won to the counterclaim and 5% per annum from July 7, 2018 to September 19, 2018.
Reasons
1. Basic facts
A. On February 27, 2013, the counterclaim Defendant entered into a lease agreement between the counterclaim and the counterclaim on each of the real estate listed in the separate sheet owned by the counterclaim Defendant (hereinafter “instant store”) with the deposit of KRW 13 million, monthly rent of KRW 100,000 (Separate burden of the lessee, including value-added tax and electricity fee management fee for rent), and the lease term “from March 1, 2013 to February 28, 2014,” and accordingly, the counterclaim paid deposit of KRW 13 million and used the instant store. On February 27, 2015, the counterclaim Defendant paid the deposit of KRW 18 million and KRW 10,000,000,000,000 to KRW 10,000 and KRW 105,000,000,000,000 (hereinafter “the instant lease agreement”) to increase the lease agreement from KRW 215,215 (hereinafter “the instant lease agreement”).
C. The lease term of the instant lease expired on March 15, 2018, and the counterclaim Defendant paid the Plaintiff the rent (for use and profit-making purposes until May 15, 2018) up to May 2018, and the instant store was restored to its original state, and the key thereof was left to the management office before July 7, 2018.
Meanwhile, in the event that the principal lawsuit, which sought the delivery of the instant store against the Lessee, is pending, the counterclaim Defendant accepted the key of the instant store from the shopping district management office on July 7, 2018, and transferred KRW 12,327,830 to the account of the Lessee on July 9, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11, 12, 16, Eul evidence 1 through 3 (including additional numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The Counterclaim Plaintiff “on June 30, 2018.”