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1. On March 25, 2015, the Plaintiff (Counterclaim Defendant) B, from the Plaintiff (Counterclaim Defendant) to the Plaintiff (Counterclaim Defendant) KRW 63,500,000.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. The Plaintiff is the owner of the instant building.
B. From October 2006 to October 2, 2008, the Plaintiff entered into a lease agreement with Defendant B with the term of lease of the instant building for 24 months from October 2, 2006 to October 2, 2008, with a lease deposit of KRW 100 million, and monthly rent of KRW 5 million (hereinafter “instant primary lease agreement”). The instant primary lease agreement has been renewed by July 2013 even after the said term of lease expires.
C. On July 24, 2013, the Plaintiff entered into a lease agreement with Defendant B with the term of lease from July 25, 2013 to July 24, 2016 on the instant building (hereinafter “instant secondary lease agreement”). From July 25, 2013 to July 24, 2016, the Plaintiff entered into a lease agreement with KRW 100 million, monthly rent of KRW 3.5 million (excluding value-added tax and advance payment on July 25, 201) (hereinafter “instant secondary lease agreement”).
From June 2014, Defendant B did not pay monthly rent as stipulated in the instant secondary rental agreement until then.
E. On March 9, 2015, the Plaintiff notified Defendant B of the termination of the instant secondary lease agreement on the ground that the monthly rent for nine minutes (from June 2014 to February 2015) was overdue, and that the said notification reached Defendant B.
(B) The sum of the overdue rent that Defendant B did not pay to the Plaintiff at the time of termination of the instant secondary lease agreement is KRW 34,650,000 (=(3,500,000 value-added tax KRW 350,000) ¡¿ nine times (the pertinent period from June 25, 2014 to March 24, 2015).
G. Defendant C is the former lessee who used the second floor of the instant building from Defendant B.
【Fact-finding without a dispute over the basis of recognition, Gap 1 through 3, and five statements (including branch numbers), the purport of the whole pleadings
2. According to the above facts finding as to the claim of the principal lawsuit, Defendant B’s remaining lease deposit against the Plaintiff as of March 24, 2015 is 63,500.