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1. Of the principal lawsuit by the Plaintiff (Counterclaim Defendant), the part on the claim for confirmation of existence of the obligation and the counterclaim by the Defendant (Counterclaim Plaintiff).
Reasons
1. The plaintiff's principal lawsuit and the defendant's counterclaim, ex officio determination as to the legitimacy of each part of the claim for the confirmation of existence of a debt, and at least in the case of the claim for the confirmation of existence of a debt, the amount of the debt for which the non-existence of a debt is sought, the time of occurrence, and the cause of occurrence, etc. are specified. In this case, the plaintiff and the defendant asserted that the non-existence of a debt against the other party is sought, but there is no proof of the non-existence of a debt, and therefore the subject matter of the lawsuit and the counterclaim cannot be said to be specified
In addition, unless the counterclaim contains more active contents than seeking the dismissal of the principal claim, it shall be deemed that there is no benefit as a counterclaim (see Supreme Court Decision 64Da903, 904, Dec. 22, 1964). Thus, filing a counterclaim for the confirmation of the existence of the same obligation with respect to a claim for performance based on a certain claim is unlawful since the content of the claim is merely seeking the dismissal of the principal claim.
(1) The part of the Plaintiff’s claim for the confirmation of existence of a debt and the part of the Defendant’s claim for the confirmation of existence of a debt among the counterclaim is not specified in the subject matter of a lawsuit, but is merely a part seeking the dismissal of the other party’s claim, and thus, it is unlawful.
2. Judgment on the merits
A. The premise of the dispute is that the Plaintiff, on August 27, 2013, leases a building listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 25,00,000 for lease deposit, KRW 1,820,00 for rent per month (the aggregate amount of value-added tax is KRW 2,000 for each month, and the aggregate amount of value-added tax is KRW 2,000 for value-added tax); the last day of each month for rent payment; and the term for rent from September 2, 2013 to September 30, 2016.