Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 22,800,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 8, 2013 to the date of full payment.
Reasons
1. On August 1, 2010, the Plaintiff leased 2 through 4 floors among the buildings located in Gwangju Northern-gu C (hereinafter “instant leased premises”) from the Defendant for the term of 30,000,000, monthly rent of KRW 600,000, and the lease period of July 31, 2013. There is no dispute between the parties that the Plaintiff delivered the leased premises to the Defendant on the expiration date of the lease period.
2. Since the above lease contract on the claim of the principal lawsuit terminated at the expiration of the term, the Defendant is obligated to refund the lease deposit to the Plaintiff, barring any special circumstance.
However, the fact that the Plaintiff paid the rent during the lease period, and the Plaintiff did not pay the rent of KRW 6,00,000 for ten months from October 2012 to July 2013, the expiration date of the lease period is not a dispute between the parties or can be recognized by the statement in Gap evidence 6.
(On the other hand, the defendant asserts that he did not pay rent of 1,200,00 won in addition to the portion on November 201, 2010, the portion on December 201, 2011, and the portion on April 2012. However, this is against the above recognition, and there is no evidence to acknowledge that the defendant's confession that the monthly rent of 1,200,000 won was paid due to mistake in the reply on the main claim as stated on the first date for pleading. In addition, the fact that the plaintiff did not pay the rent of 1,20,000 won in total as the fee for electric water supply for the leased portion during the above lease period is not in dispute between the parties.
Therefore, according to the Plaintiff’s claim after deducting the above aggregate, the Defendant is obligated to pay to the Plaintiff 22,80,000 won (30,000,000 won - 6,000,000 won - 1,200,000 won) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 8, 2013 to the date of full payment after serving the principal complaint.
3. The Defendant filed a counterclaim. The Plaintiff left the leased part of the instant case from a police officer in 2012 to prevent the rooftop floor sewage room, and caused rainwater to occur.