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1. The Defendant (Counterclaim Plaintiff) paid KRW 59,587,310 to the Plaintiff (Counterclaim Defendant) and its related amount from April 13, 2018 to January 10, 2019.
Reasons
1. Determination as to the main claim
A. The gist of the Plaintiff’s assertion 1) On February 28, 2015, the Plaintiff between the Defendant and the Defendant on February 28, 2015, the third floor of 400 square meters (hereinafter “instant building”).
(2) On July 20, 2017, the Plaintiff notified the Defendant on July 20, 2017 of the termination of the said lease agreement on the grounds of two or more years of grace period, and served the Defendant on the basis of the following: (a) the amount of the lease deposit KRW 52,00,000; (b) monthly rent KRW 6,160,000; and (c) the actual cost payment for management expenses (such as electricity fees) and the lease period.
3) On April 12, 2018, the Plaintiff received the instant building from the Defendant, and on April 12, 2018, the Defendant’s overdue rent, etc. is KRW 115,434,670 in total (i.e., the rent of KRW 97,584,00 in electricity charges of KRW 8,548,810 in electricity charges of KRW 541,560 in management fees of KRW 2,560,570 in addition to KRW 2,560 in water charges of KRW 541,290 in water supply charges of KRW 541,560 in addition to KRW 6,50,570 in lease deposit amount of KRW 115,434,670, the Defendant is obligated to pay the remainder of KRW 63,434,670 in lease deposit and delay damages therefrom.
B. Facts of recognition 1
A. On February 28, 2015, the Plaintiff entered into a lease agreement with the Defendant for the monthly rent of KRW 52,000,000, and for the lease period of KRW 6,160,000 with respect to the instant building (hereinafter “instant lease agreement”) until February 28, 2016, and the instant lease agreement has been implicitly renewed under the same condition even after the lease period expires.
B. On July 20, 2017, the Plaintiff notified the Defendant of the termination of the instant lease on the ground that he/she did not pay rent for more than two years, and around that time, the notice of termination was issued to the Defendant.
C. On December 7, 2017, the Plaintiff notified the Defendant of the payment of KRW 26,897,010 remaining after deducting KRW 52,00,00 from the lease deposit, such as rents in arrears, etc. by November 30, 2017, and around that time, the highest notice was served to the Defendant.
[Grounds for recognition] Gap evidence 3 to 6 (including paper numbers, hereinafter the same shall apply), pleading.