Text
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 10,477,979, against the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On September 18, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease a portion of KRW 1,2,3,4, and 1 attached Form No. 70.56 square meters (hereinafter “instant building”) among the real estate 1st floor listed in the attached Table No. 849.41 square meters, which is linked in sequence 70.56 square meters (hereinafter “the instant building”) among the real estate 1st floor listed in the attached Table No. 1st 849.41 square meters, with the Defendant, with a deposit of KRW 20 million, monthly rent of KRW 1650,000 (Additional dues, monthly payment, and prepaid payment), and from October 15, 2017 to October 14, 2019 (hereinafter “the instant lease”). The Plaintiff received deposit of KRW 20 million from the Defendant, and then handed over the instant building to the Defendant.
B. By June 15, 2018, the Defendant delayed payment of KRW 4,950,000 (= KRW 1,650,000 x 3) and KRW 1,320,00 in total (= KRW 165,00 x 8) 6,270,000 in total (= KRW 4,950,000) and KRW 1,320,00 in total for rent of eight months.
C. On August 7, 2018, a duplicate of the main complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement due to the foregoing delinquency in rent was served on the Defendant on August 7, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. According to the facts of the above recognition as to the request for extradition, since the Plaintiff’s delivery of the instant building to the Defendant under the instant lease agreement and the instant lease agreement was terminated upon the termination of the Plaintiff’s termination due to the Defendant’s delinquency in rent on August 7, 2018, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances.
Therefore, the defendant's defense that he delivered the building of this case to the plaintiff is that the defendant delivered the building of this case directly to the plaintiff on August 7, 2018, considering the whole purport of the argument in the statement No. 1, the defendant's defense is justified.
(b) Arrears, etc.;