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1. As to KRW 31,200,000 and KRW 11,200,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 20,000 from May 4, 2019.
Reasons
1. The reasons for the claim are as indicated in the annexed sheet indicating the claim. On June 24, 2020 of the instant case, the Plaintiff expressed his/her intent of offset against the claims for refund of deposit worth KRW 20,000,000, which were to be returned on May 3, 2019 as to the overdue rent of KRW 8,800,000 (from March to October 2019) with a written document served on June 24, 2020, the Plaintiff expressed his/her intention of offset as of May 3, 2019.
In light of the language of Article 10(1)1 of the Commercial Building Lease Protection Act and Article 10(1)1 of the same Act, it is reasonable to interpret that a lessee may not claim damages even if his/her overdue rent is extinguished later by offset, in light of the following: “Where there exists a fact that the lessee has failed to pay the rent corresponding to the amount of rent for the three-year period of time,” the claim for damages arising from interference with the collection of premiums is not acknowledged as having been in arrears for the eight-year period of time (Article 10-4(1) proviso).
With respect to KRW 20,00,000 among the security deposit, damages for delay shall be recognized from December 31, 2019 on the day following the expiration of the lease term.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).