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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 34,378,660 and the Plaintiff-Counterclaim Defendant.
Reasons
1. Facts of recognition;
A. On August 28, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease the Gwanak-gu Seoul Special Metropolitan City C and D (hereinafter “instant building”) with a deposit of KRW 30,000,000, monthly rent of KRW 200,000, and the period from August 28, 2017 to August 27, 2018 (hereinafter “instant lease agreement”), and paid KRW 30,000,000 to the Defendant on the same day.
B. On February 20, 2018, the Plaintiff and the Defendant agreed to increase the deposit amount to KRW 35,000,000 and reduce the rent to KRW 150,000 per month. On the same day, the Plaintiff paid KRW 5,00,000 to the Defendant on the same day.
C. On August 22, 2018, the Plaintiff delivered the instant building to the Defendant.
The rent and public charge that the Plaintiff did not pay until August 27, 2018 are KRW 621,331 in total (i.e., KRW 300,000, KRW 321,331).
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, since the lease contract of this case terminated on August 27, 2018, the contract of this case expired, the defendant is obligated to pay to the plaintiff 34,378,660 won, which is calculated by the rate of 5% per annum as stipulated in the Civil Act from August 28, 2018 until April 4, 2019, which is the delivery date of a duplicate of the complaint of this case, and damages for delay calculated by 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.
B. First of all, on February 20, 2018, the Defendant agreed to increase the deposit amount of KRW 5,000,000 at the Plaintiff’s request and reduce the rent of KRW 50,000. This can be deemed to have concluded a new lease agreement with the Plaintiff and the Defendant. As such, the instant lease agreement was terminated on February 19, 2019, one year after February 20, 2018.