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Reasons
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(영문) 인천지방법원 부천지원 2018.02.08 2017가단111095
기타(금전)
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1. Of the instant counterclaim, the part demanding the payment of KRW 3,128,110 shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. On February 25, 2014, between the Plaintiff and the Defendant, a lease agreement was concluded between the Plaintiff and the Defendant setting the lease deposit amount of KRW 50,000,000, monthly rent, and between the lease term from February 24, 2014 to February 24, 2015, wherein the Defendant occupied and used the instant building from around that time.

On March 4, 2014, KRW 50,000 has been transferred from the defendant's account to the plaintiff's account.

B. On July 9, 2014, the Plaintiff and the Defendant have no monthly rent of KRW 25,00,000 for the instant building, and the lease agreement was re-established from February 24, 2014 to February 24, 2015 for the lease term. On February 1, 2015, the Defendant paid KRW 4,00,000 for the monthly rent without the lease deposit and paid KRW 4,00,000 for two years from February 1, 2015.

C. The Defendant did not pay the Plaintiff KRW 4,400,00 for the rent of November 201, 2016, KRW 4,400,00 for the rent of December 2016, KRW 4,400 for the electricity of November 2016, KRW 4,146,730 for the electricity of November 2016, and KRW 2,565,180 for the electricity of November 2016.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 7, Eul evidence 1, Eul evidence 4, Eul evidence 4, the purport of the whole pleadings

2. According to the above facts finding as to the claim of the principal lawsuit, the Defendant is obligated to pay to the Plaintiff the sum of the rent and electricity charges that are not paid to the Plaintiff (4,400,000 won 4,400,000 won 4,146,730 won 2,565,180 won) and damages for delay calculated at the rate of 15% per annum from February 8, 2017 to the day of full payment, as the Plaintiff seeks.

As to this, the defendant defense that the claim is set off against the plaintiff's claim with the claim to return the lease deposit amount of KRW 50,000,000 against the plaintiff, but the following:

3.As seen in B-2, the above defense is without merit.

3. Counterclaim.

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