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1. From July 4, 2017 to August 23, 2017, the Defendant (Counterclaim Plaintiff) paid KRW 600,000 to the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The facts below the facts of recognition do not conflict between the parties, or may be admitted by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 1 and 2.
On June 2, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 160,000,000 for Gwanak-gu Seoul Special Metropolitan City Housing 401 (hereinafter “instant housing”) and from July 4, 2015 to July 3, 2016.
Accordingly, the Plaintiff paid KRW 160,000,000 (hereinafter “instant lease deposit”) to the Defendant.
B. On July 3, 2017, the Plaintiff issued the instant housing order to the Defendant upon the termination of the instant lease agreement.
C. On June 3, 2017, the Defendant paid KRW 10,000,000 to the Plaintiff out of the instant lease deposit, and on July 3, 2017, the Plaintiff deposited KRW 149,400,000, which deducted KRW 600,000 from the remainder of the lease deposit, with the Seoul Central District Court KRW 13298, supra.
2. According to the facts found in the judgment on the claim of the principal claim, the lease contract of this case was terminated at the expiration of the term, and it can be acknowledged that the Defendant refunded the remainder of the lease deposit after deducting KRW 600,000 from the lease deposit of this case to the Plaintiff, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 600,000, the remainder of the lease deposit of this case and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 4, 2017 to August 23, 2017, on which the copy of the complaint of this case was served to the Defendant from July 23, 2017 to which the copy of the complaint of this case was served to the Defendant.
3. Determination on the claim for mutual aid and counterclaim as to the principal lawsuit
A. The defendant's assertion is that of this case.