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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.
Reasons
1. Basic facts
A. On October 17, 201, the Plaintiff and the Defendant concluded a lease contract with respect to the Bupyeong-gu Incheon Metropolitan Government Croud 104 (hereinafter “instant housing”) owned by the Defendant, which is set forth as KRW 2,000,000 for the lease deposit, monthly rent of KRW 300,000 for the rent of month (Separate KRW 30,000 for the management fee), and the lease term from October 19, 201 to October 18, 201 for the lease term (hereinafter “the instant first lease contract”). As stipulated under a special agreement, “The monthly rent of KRW 250,000 for the purpose of increasing the deposit to KRW 5,00,00 for the rent of month” (hereinafter “the instant first lease contract”).
B. On October 19, 2012, the Plaintiff and the Defendant entered into a lease agreement with the term of the instant first lease agreement, setting the lease deposit amount of KRW 5,00,00, monthly rent of KRW 230,00 ( separate management fee of KRW 30,000) and the term of the lease from October 19, 2012 to October 18, 2014 (hereinafter “instant second lease agreement”).
C. Meanwhile, after the conclusion of the instant first lease agreement, the Plaintiff paid KRW 3,000,000 to the Defendant as the deposit for lease by additionally paying KRW 5,000,000 as the deposit for lease, from January 14, 2012.
The Plaintiff paid KRW 30,00 (including KRW 30,000) monthly from October 1, 201 to September 2012, 2012 as the rent and management expenses (hereinafter “rent, etc.”), and as above, paid KRW 280,000 (including KRW 30,000) from February 2, 2012 to October 2012, the lease deposit was increased to KRW 5,000, and the Plaintiff paid KRW 280,000 (including management expenses) from February 2012 to September 19, 2013. After the instant secondary lease was concluded, the Plaintiff paid KRW 260,00 (including KRW 30,000) from November 11, 2012 to September 2013, and did not pay the period after September 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the main claim
(a) Determination on the cause of the claim 1-1 to 15, Gap evidence 6, 7, Gap evidence 8-1, 2-2, and the video and the pleadings.