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(영문) 울산지방법원 2019.06.28 2018가단24959
건물인도 등
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the annexed sheet;

Reasons

1. Basic facts

A. On October 8, 2013, the Plaintiff leased the building indicated in the attached list to the Defendant for a fixed period of KRW 20 million, monthly rent of KRW 1.5 million, and five years.

B. As of October 31, 2018, the Defendant did not pay rent and electric water supply under the above lease agreement several times, the rent of KRW 24,241,50 was overdue.

[Basis] Evidence No. 1-2, Evidence No. 2-1, Evidence No. 2-2, and Evidence No. 3

2. Determination on the cause of the claim

A. Since the above lease contract was terminated at the expiration of the term, the defendant is obligated to deliver the above building to the plaintiff as a reinstatement following the termination of the contract.

B. The Defendant is obligated to pay to the Plaintiff the amount of money equivalent to KRW 24,241,50,000,000, which is calculated by subtracting KRW 20,000 from KRW 24,241,50,000, such as the rent in arrears, and KRW 1,500,000 per month from November 1, 2018 to the completion date of delivery of the building.

3. A judgment counterclaim against a counterclaim may be filed before the closing of argument in the principal lawsuit (Article 269(1) of the Civil Procedure Act). Thus, the defendant’s counterclaim raised after the closing of argument is unlawful.

4. According to the conclusion, the plaintiff's claim of the principal lawsuit is accepted on the grounds of its reasoning, and the defendant's counterclaim is unlawful and thus dismissed.

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