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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of heading D (hereinafter “instant building”) among the buildings located in the ASEAN-si, Asan-si, and Nonparty E is the employee of Nonparty F Co., Ltd.
B. On July 9, 2018, the Defendant drafted a lease agreement between E and E, named as a contracting officer, stating that the Defendant’s lease deposit for the instant building from the Plaintiff was KRW 30,000,000, monthly rent was KRW 3,000, and the lease term was from July 12, 2018 to July 11, 2023.
C. On June 27, 2018, the Defendant paid KRW 30,000,000 in total as lease deposit to the account in the name of E, and KRW 30,000,000 in total, on July 4, 2018, and KRW 8,000,000 in total, on July 5, 2018.
The lease contract of this case did not specify the deposit date in the non-receiving state, and the deposit account entered the account number in the name of the plaintiff.
E. On July 11, 2018, the Defendant received a receipt of a lease deposit with E’s seal affixed thereon, and thereafter, operated a bedclothes sales business in the instant building from around that time.
F. The Plaintiff filed the instant lawsuit seeking the delivery of the instant building on the ground that the Defendant occupied the instant building without permission and carried on its business. After that, the Defendant handed over the instant building on January 26, 2019, and on February 12, 2019, the Plaintiff paid to the Plaintiff KRW 19,251,347 in total as unjust enrichment, electricity charges, and management expenses equivalent to the unpaid rent from August 2018 to the time of delivery of the instant building.
[Grounds for Recognition: Evidence Nos. 1 through 9, Evidence Nos. 1, 2, 7-1, 2, 7, 12-1, 18-1, witness G testimony and the purport of whole pleadings]
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion is equivalent to KRW 165,755 won for management expenses from August 2018 to January 2019, and KRW 1,282,170 for liquidated damages for unpaid rents, and KRW 2% for liquidated damages for unpaid deposits.