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1. The Defendant (Counterclaim Plaintiff) paid KRW 33,564,819 to the Plaintiff (Counterclaim Defendant) and its amount from December 25, 2014 to October 26, 2016.
Reasons
1. Facts of recognition;
A. The Defendant completed the registration of transfer of ownership with respect to the Jongno-gu Seoul Building, and operates the “Dinwon” on the 1st floor of C Building.
CA building is a 1st floor and 4th floor, and the defendant has two laundry engines in the 5th floor room, and is used as a laundry room, medicine room, etc. for the operation of the laundry.
B. On November 2, 2004, the Defendant entered into a lease agreement with the Plaintiff to lease “The third floor floor 57 square meters (hereinafter “the instant leased object”) of the instant leased object,” and thereafter the continuous lease period was renewed.
On March 14, 2010, the Defendant concluded a lease agreement with the Plaintiff to lease the leased object of this case by setting the lease term of KRW 115,00,000, monthly rent of KRW 1,000, and management expenses of KRW 285,00,00 until March 13, 2011, and thereafter the lease term of this case was renewed on a yearly basis.
The Defendant operated dental surgery with the trade name “E” from the leased object of the instant case.
C. On September 1, 2013, the Defendant entered into a lease agreement with F to lease the 4th floor of C building with F as KRW 50 million deposit, KRW 2 million monthly rent, and KRW 300,000 monthly management fee.
F is an instructor who proceeds from the SP course in G, and the object of the lease was used as an office.
On October 3, 2014, the day before the date of the instant accident, which was October 3, 2014, the fourth floor lessee did not use the office.
The defendant used laundry on the rooftop on October 3, 2014.
E. On October 4, 2014, the Plaintiff discovered that, immediately after his work at work around 9:30 on October 4, 2014, the ceiling of the leased object of the instant case was leaked, and the x-ray photographing equipment, etc. inside the leased object was flooded.
(hereinafter “the instant accident”). The instant accident revealed water on the third floor, which is the leased object of the instant case, and caused water to the Plaintiff’s books, not only on the Plaintiff’s books but also on the computers and telephone calls, X-ray photographing equipment, and the 4th floor of the C building.