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1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) of KRW 38,483,982.
Reasons
1. In the first instance court’s trial scope, the Plaintiff as the principal lawsuit against the Defendant: ① 40,506,741 won from October 1, 2012 to September 30, 2013; ② 2.03 won of 4,754,833 won of d building’s rent and 741,334 won of fire insurance premium; ② 4,496,167 won; ③ 14,06,323 won of 202 of overdue rent and management expenses; ④ 14,06,323 won; and ④ damages for delay due to delay in the settlement of rent and management expenses prescribed in 102; ② 33,024,307 won; ② 92,03,538 won; ② 100,000 won and damages for delay against the Plaintiff’s counterclaim; and the Defendant claimed against the Plaintiff as set-off damages against the Plaintiff.
The court of the first instance recognized the Plaintiff’s automatic claim of KRW 12,572,90,00 as follows: ① at KRW 40,506,741 of the settlement amount against the Defendant; ② at KRW 27,93,908, less the amount of KRW 12,572,83,933, and KRW 27,496,167, and ③ at KRW 14,006,323 as overdue rent and management fee for KRW 202 as the Plaintiff’s automatic claim; and ② at KRW 80,00,000 as the Defendant’s automatic claim; and partially accepted the Plaintiff’s partial counterclaim and the Defendant’s counterclaim, and dismissed the Plaintiff’s main claim and the Defendant’s remainder of counterclaim.
In this regard, only the plaintiff appealed with respect to ① the 12,572,833 won deducted from the settlement amount, ④ the 33,024,307 won of the agreed delay due to the delay in the settlement of rent and management expenses, and the counterclaim, the scope of the judgment of this court shall be limited to the above appeal part.
2. The reasons why the court should explain this part of the basic facts are followed by “the Defendant’s account” (hereinafter referred to as “Defendant’s account”) No. 3 of the first instance judgment.