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1. On December 19, 2017, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) for KRW 10.6 million and KRW 6 million among them.
Reasons
1. Facts of recognition;
A. On October 31, 2016, the Plaintiff leased the instant underground floor from the Defendant to October 30, 2018, setting the deposit amount of KRW 5 million, monthly rent of KRW 450,00,000, and the lease term of KRW 30,000,000, and operated a singing room business.
B. On August 2017, the Plaintiff demanded several occasions to the Defendant to the effect that “if rained, the water flows out to the instant underground floor, and thus the lessor would suffer from remuneration.” Since the Plaintiff failed to properly operate the pumps underground so as to prevent water from being drained, there was a conflict between the Plaintiff and the lessee by asserting that the Plaintiff is liable for damages.
On September 13, 2017, the Plaintiff confirmed the flooded site after having actually done to the Defendant. The Plaintiff sent text messages to the effect that, due to the difference between the above positions, the Defendant directly spreads high-water water into the instant underground floor, repaired the pumps (the fact that the actual drain pumps were broken down or broken down is not a dispute between the parties), and then, did not inquire into the flood repair works required by the Plaintiff.
C. On September 11, 2017, the Plaintiff suspended singinging business (at that time, fungs and floor plates were de facto impossible due to singishing, flooding, etc.) and around September 27, 2017, the Plaintiff sent to the Defendant a certificate of content that “the construction cost related to water leakage in a building is confirmed to have been KRW 37,50,000,000,000.” The Plaintiff reported the suspension of singing business at the tax office on the same day.”
In addition, the instant lawsuit was filed around November 2017.
Around January 2018, the Plaintiff and the Defendant once paid the unpaid monthly tax from September 2017 to January 2018, and the Plaintiff again paid the unpaid monthly tax.