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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
1. The court of first instance dismissed both the plaintiff's principal claim and the defendant's counterclaim, and only the defendant appealed the part on the counterclaim. Therefore, since only the defendant's counterclaim is subject to the judgment of this court, only the part on the counterclaim is judged.
2. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and such reasoning is cited by the main text of Article 420 of the Civil Procedure Act. 3. Determination on the Defendant’s counterclaim claim
A. On January 31, 2013, the Plaintiff asserted by the Defendant entered into the instant lease agreement with the Defendant, and the lessee bears the cost of repairing facilities up to KRW 2,00,000 per annum as a special agreement. As such, the Plaintiff, a lessor, should bear the cost of repairing facilities exceeding KRW 2,00,000 per annum.
Therefore, the Plaintiff is liable to pay the Defendant the unpaid facility repair cost of KRW 9,695,70 [the amount of KRW 12,010,00 (the amount of KRW 12,000 paid by the Defendant for the first year from the date of the conclusion of the above contract – KRW 4,400,000 paid by the Plaintiff for the first year - KRW 4,000) 4,085,700 paid by the Plaintiff for the repair cost of the following one year (the amount of KRW 10,876,200 paid by the Defendant - KRW 2,00,000 paid by the Plaintiff for the repair cost of the following one year - KRW 2,790,50 paid by the Plaintiff)] and delay damages for the repair.
Judgment
1) The Plaintiff and the Defendant, upon entering into a special contract on January 31, 2013, determined that “the cost of repair (replacement) upon failure of 2.00,000 won per annum, shall be borne by the lessee (the total amount of the cost of repair).” B) The Defendant, from April 2013 to January 2015, shall pay the cost of repairing the instant bathing facilities as indicated in the table 1, while repairing the instant bathing facilities from April 1, 2013 to January 2015.