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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 19, 2010, the Defendant entered into a contract with the Plaintiff, setting the lease deposit amount of approximately KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
(hereinafter “instant lease agreement”). On April 19, 2010, the Plaintiff paid KRW 10 million to the Defendant via the Defendant’s new bank account (Account Number D) with the Defendant’s auditor E (the Defendant’s representative director is the husband).
As above, the Defendant received the lease deposit from the Plaintiff and delivered the instant building to the Plaintiff.
B. Around November 24, 2010, the Defendant sent to the Plaintiff a certificate of demand for payment on November 18, 2010, on the ground that the sum of the electricity charges that the Plaintiff delayed as of November 18, 2010 is KRW 1,003,113 (=120,000 for November 250, 200 for September 63, 2010). In addition, since the payment was overdue for two months, the Defendant sent a certificate of demand for payment.
C. On May 17, 2012, the Defendant filed an application with the Gwangju District Court for a payment order against the Plaintiff on the following grounds: “After the conclusion of the instant lease agreement, the Plaintiff delayed payment of KRW 21.6 million for the rent of 18 months as of April 18, 2012, and KRW 1,2.6 million, which is the object of the lease during the term of the Plaintiff’s lease, and requires KRW 10 million as the cost of restitution. Therefore, the Plaintiff is obliged to pay KRW 32.6 million to the Defendant (= KRW 2.6 million), which deducts KRW 12.6 million from the lease deposit (= KRW 2.6 million).”
On May 17, 2012, the court below held that "the plaintiff shall pay to the defendant KRW 2.6 million and to the day of complete payment from the day following the delivery of the original copy of the payment order."