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1. The Plaintiff (Counterclaim Defendant) paid KRW 4,785,00 to the Defendants (Counterclaim Plaintiff) and against this, from June 14, 2014 to October 16, 2014.
Reasons
1. Basic facts
A. On February 2, 2012, the Plaintiff agreed to rent approximately KRW 495 square meters ( approximately 150,000,000, monthly rent of KRW 2,000,000, monthly rent of KRW 2,000, and the term of lease from February 2, 2012 to February 1, 2013, between the Defendants and the Defendants, for the remainder payment of KRW 5,00,000,000 to Defendant A on the date of the contract, and thereafter, to pay KRW 45,00,000 after authorization and permission.
(hereinafter “instant lease agreement”). B.
The Defendants obtained permission to change the use of the instant office to neighborhood living facilities in multi-family houses on February 28, 2012.
C. On February 29, 2012, the Plaintiff paid to Defendant A the sum of KRW 45,000,000 in deposit balance and KRW 47,000,000 in monthly rent for February 2012, and paid to the Defendants the amount of KRW 47,00,000 in monthly rent and April.
In this case, the water supply and sewerage facilities were installed at the address of the office of this case, and the inspection was conducted from March 15, 2012, and the water supply and sewerage charges were imposed every month from April 2012.
E. On January 22, 2013, the Plaintiff sent to the Defendants a document to request the settlement of the deposit as to the cancellation of the instant lease agreement as the Defendants did not obtain permission to use the restaurant with regard to 4 can, among the 5 canals of the instant office, water supply facilities necessary for the use of workers’ accommodation, and change of the purpose of use. On February 13, 2013, the Plaintiff sent to the Defendants a document stating that the Defendants’ failure to perform the instant lease agreement was rescinded and returned the lease deposit, and the Plaintiff’s damage was compensated.
F. On June 24, 2013, the Defendants asserted that the Plaintiff paid only KRW 6,00,000 in total for three-month rent during the lease term and did not pay the remainder of KRW 18,00,000 in total for nine-month rent, and accordingly, deducted KRW 18,00,000 from the lease deposit amount to KRW 50,000,000. The Defendants asserted that the amount of the rent unpaid from KRW 50,000 shall be KRW 130,000,000 in this Court’s deposit balance 32.