Text
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver each real estate listed in the separate sheet;
(b) 81,250.
Reasons
1. The parties' assertion
A. On January 1, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 3 million, and the lease period as of January 1, 2012. The said lease agreement was explicitly renewed by the time of the instant lawsuit. Since the Defendant delayed to pay the rent of KRW 81,850,000,000 for the total period from around 2010 to April 2018, the period during which the said lease was maintained, the said lease agreement was terminated.
Therefore, the Defendant is obligated to deliver the instant real estate to its original state upon termination of the said lease agreement, and to return the monthly rent of KRW 81.25 million and the unjust enrichment equivalent to the said rent from May 1, 2018 to May 30, 2018, as sought by the Plaintiff, from among the unpaid rents from 2010 to April 30, 2018.
B. On January 1, 2007, the Defendant entered into a lease agreement with the Plaintiff, the owner of the instant real estate, with a period of KRW 25 million, monthly rent of KRW 1750,000,000, and the lease period of the instant real estate until December 31, 2008. The Defendant continued to have reached the present lease agreement through an implied renewal. The Defendant paid the Plaintiff a monthly rent of KRW 314,00,000 to the Plaintiff from January 1, 2007 to December 31, 2018, which exceeds KRW 1750,000,000,000 paid for 1444 months (=31,40,000,000 won - KRW 25,200,000,000) x 174,000,000,000 to the Defendant without any legal cause).