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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The expansion from the trial.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 27, 2012, the Plaintiff: (a) leased the entire second floor of the factory located C (hereinafter “instant factory”) to the Defendant by setting the lease deposit amount of KRW 40,000,000; (b) monthly rent of KRW 4,000,000 (excluding value-added tax); and (c) the lease term from July 16, 2012 to July 15, 2014 (hereinafter “lease”).
B. After paying the Plaintiff the lease deposit and the first rent of KRW 4,400,000, the Defendant occupied the instant factory on July 16, 2012.
C. On November 23, 2013, the Defendant did not pay the rent after the initial payment, and left the factory of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant’s assertion as to the Plaintiff’s claim on the principal claim shall pay the Plaintiff the rent of KRW 101,200,000 and the unpaid electricity fee of KRW 1,245,153.
In addition, after seeking a new lessee at the request of the defendant, the plaintiff entered into a lease agreement with the beneficiary corporation (hereinafter "beneficiary"), and paid 4,000,000 won for the down payment. On November 30, 2012, the defendant did not have a director and the above lease contract was terminated due to the defendant's failure to move into the beneficiary, and the plaintiff paid 4,00,000 won for the penalty for breach of trust. The defendant must compensate for the damages.
Therefore, the Defendant should pay to the Plaintiff the amount of KRW 66,45,153 [the amount in arrears = 101,20,000 [the amount in arrears = 400,000 x 23 months (from August 17, 2012 to July 16, 2014] calculated by deducting the deposit for lease from the sum of the overdue rent, the said penalty, and the unpaid electricity charges] to the Plaintiff.
B. The instant factory, claiming as to the Defendant’s defense and counterclaim, is not suitable to take the leased object for the production of precision machinery, with severe vibration in manufacturing precision machinery.