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1.(a)
Of the counterclaims in the judgment of the court of first instance, the following amounts to order payment.
Reasons
1. On June 10, 2012, the Plaintiff entered into a lease agreement between the Defendant and the 17th floor of the 1st floor of the 3rd floor of the 3rd floor of the 1st floor of the 3rd floor of Busan Seo-gu (hereinafter “instant store”) with the deposit amount of KRW 500,000 won, monthly rent of KRW 300,000,000 from June 10, 2012. On the same day, the Defendant paid the Plaintiff deposit of KRW 500,000,000 to the Plaintiff and operated the instant store upon delivery from the Plaintiff, and suspended the operation of the instant store on April 18, 2013, and delivered the instant store to the Plaintiff on April 30, 2013. The fact that the Plaintiff paid the 81,000 won, which was not paid until the time when the instant store was transferred, or that it can be recognized by taking into account the overall purport of entry and pleading as evidence.
According to the above facts, the instant lease contract was concluded around April 30, 2013, and thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 2.4 million, excluding KRW 500,000,000 and KRW 81,481,00,00 and KRW 2,481,00,00, which are the remainder of KRW 50,000,00 and KRW 100,00,000, which are deducted from the said deposit, among KRW 3,00,000, which is the monthly rent from June 10, 201 to April 2013.
In regard to this, the Defendant asserted that the Plaintiff paid the entire rent in cash from June 10, 2012 to April 9, 2013, but it is not sufficient to recognize this only with the entries of evidence Nos. 5 and 11 (including the serial number) and the testimony of witness D of the trial party, and there is no other evidence to acknowledge this.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 25, 2013 to the day of full payment, after the delivery date of the original copy of the instant payment order sought by the Plaintiff.
2. The defendant's judgment on the counterclaim shall obtain permission from the defendant for the bar business.