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1. The Plaintiff (the Defendant) from March 4, 2015 to the Defendant (Counterclaim Plaintiff) for KRW 8,417,441 and KRW 6,917,441 among them.
Reasons
1. Basic facts
A. On March 25, 2011, the Defendant: (a) leased the fourth floor building located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”); (b) from March 25, 2011 to March 25, 201, the lease term of KRW 2 years, KRW 10 million, monthly rent of KRW 1240,000, and KRW 100,000,000,000 for the instant building (hereinafter “instant lease”); and (c) renewed the said lease on one occasion and extended the lease period until March 25, 2015.
B. After concluding a sales contract on the instant building from D on October 13, 2014, the Plaintiff was the owner who completed the registration of ownership transfer due to the said sale on November 13, 2014, and immediately thereafter discussed the agreement with the Defendant on the termination of the said lease agreement and the burden of the cost of removal for remodeling the instant building. Ultimately, the Defendant delivered the instant store to the Plaintiff on March 3, 2015.
C. Meanwhile, the Defendant paid monthly rent by January 24, 2015, and the overdue management fee up to the delivery of the instant store is KRW 200,000,000, and the electricity fee is KRW 97,190,000, and the cost incurred by the Plaintiff for the restoration to the original state of the instant store is KRW 1,260,000.
[Ground of recognition] The non-contentious facts, Gap 1-1 to Gap 2, the witness E's testimony, the purport of the whole pleadings
2. Judgment on the party's assertion
A. On November 20, 2014 and December 16, 2014, the Plaintiff, the cause of the principal lawsuit, agreed to terminate the instant lease agreement with the Defendant for the purpose of remodelling the instant building on December 26, 2014, and the Defendant agreed to deliver the instant store to the Plaintiff on the said date. However, on March 2015, the Defendant delayed construction of the instant building on the wind to leave the instant store for three months, and at least two months (one month is deducted from the actual construction period) of the instant building.