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1. The Defendant (Counterclaim Plaintiff) receives KRW 4,420,000 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. On January 28, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 13,000,000, monthly rent of KRW 1,300,000 (in addition, KRW 28,000, monthly rent of KRW 130,000 (in addition, KRW 28,00) and the lease period from February 28, 2013 to February 17, 2014.
As the special terms of the above lease agreement, "if the termination of the lease contract is notified at the time of the arrears of the two-year period of arrears, it shall be notified within one month from the date of notification."
B. On January 28, 2013, the Defendant paid the down payment of KRW 1,300,000 on January 28, 2013, the contract date, and received the delivery of the instant building after paying the remainder of the lease deposit on February 12, 2013.
The defendant used as a factory manufacturing sets of the above building, and paid the rent up to August 2013, and the keys to the building of this case is kept as is.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, 20, Eul witness's testimony, and the purport of the whole pleadings
2. The Plaintiff asserts that the Defendant’s failure to pay the instant lease agreement from September 12, 2013, the Plaintiff asserted that the instant lease agreement was terminated or the said lease agreement was terminated due to the expiration of the period, and sought payment of the amount calculated at the rate of KRW 1,430,00 per month from September 12, 2013 to September 12, 2013.
In regard to this, the Defendant made it clear to the Plaintiff in advance that the instant building would be to be used as a factory for manufacturing. On July 2013, the Defendant became aware of the fact that the instant building was unable to engage in manufacturing business since the beginning of the year, and that there was an error in the nature of the object, which constitutes a mistake in the contents of a legal act, and thus constitutes an important part of a lease contract, and the Plaintiff notified the Plaintiff that the lease contract would be revoked around July 2013.