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1. In the case of the Defendant (Counterclaim Defendant), the Defendant (Counterclaim Defendant) indicated the attached Form No. 1 of the building indicated in the attached Form No. 1.
2. 3, 8, 8.
Reasons
1. Determination as to the principal lawsuit
A. On March 1, 2013, the Plaintiff: (a) leased the real estate specified in the Disposition No. 1 (hereinafter “instant real estate”) to the Defendant on a monthly basis; (b) from March 30, 2013 to 24 months (hereinafter “instant lease agreement”); (c) the Plaintiff delivered the instant real estate to the Defendant around that time; (d) the Defendant did not pay rent from July 2013 to July 30, 2013; and (e) the Plaintiff did not conflict between the parties that terminated the instant lease agreement on January 30, 2014; or (e) the Plaintiff may be recognized by means of the evidence No. 1 to 3, evidence No. 1 and all pleadings and arguments.
Therefore, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiff, and (2) the Plaintiff is obligated to pay the unjust enrichment equivalent to the rent of KRW 50,000 per annum 20% per annum from March 6, 2014 to the date of delivery of a copy of the instant complaint, which is the sum of KRW 150,000,000 (=250,000 per annum x 6 months) of the rent from July 30, 2013 to January 29, 2014 (i.e., the monthly rent of KRW 250,000) and the delay damages calculated at the rate of KRW 20,00 per annum from March 6, 2014 to the date of full payment, and (iii) from January 30, 2014 to the date of completion of delivery of the instant real estate.
B. The Defendant asserts that the Plaintiff and the Defendant agreed to lower the rent of KRW 100,000 per month from September 2013, and that all the rent under the instant lease agreement was paid.
However, there is no other evidence to prove that there was such an agreement, and the Defendant’s rent exceeding KRW 50,000 from the rent from March 30, 2013 to July 29, 2013, the fact that the evidence submitted by the Defendant alone exceeds the amount that the Plaintiff was paid.