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1. The Plaintiff (Counterclaim Defendant) paid KRW 13,900,000 to the Defendant (Counterclaim Plaintiff) and its related amount from August 21, 2015 to September 10, 2015.
Reasons
1. Basic facts
A. On November 21, 2012, the Plaintiff leased the deposit deposit of KRW 20,00,000, monthly rent of KRW 3,000,000 (excluding value-added tax) from the Defendant for the third floor neighborhood living facilities located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant lease contract”) from the Defendant for the period from November 23, 2012 to November 22, 2014 (hereinafter “instant lease contract”).
B. A lessee of the instant building: (a) leased the instant building; (b) removed part of the 3th floor, and used it for Switzerland; and (c) upon entering into the instant lease agreement, the Plaintiff drafted a letter of confirmation stating that “The amount of money to be used is deposited in the bank account of the lessor with the money paid in the deposit payment up to the time when DC restores part of the 3th floor to its original state; and (d) the principal, including bank interest, shall be immediately returned after the completion of the lease term; and (e) a cash storage certificate stating that “the amount of money to be used is to be restored to the bank account of the lessor with the money paid in the deposit payment up to the time DC restores part of the 3rd floor to its original state.”
C. While the Plaintiff leased the instant building and used it as a place for photographing pictures and videos, from around 2013, the Plaintiff requested the Defendant to accept it. As the Defendant did not accept it, on December 17, 2013, the Plaintiff sent to the Defendant a notice to the effect that the instant lease contract will be terminated if he/she did not comply with the request for compensation by December 23, 2013, and that the instant lease contract will be terminated due to water leakage on January 10, 2014, and then moved to another place on January 24, 2014.
On December 10, 2013, the Plaintiff paid the monthly rent to the Defendant as of October 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, 9, and Eul evidence 3 to 5 (including each number);