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1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) the second floor of the building indicated in the attached list, and the KRW 532,240 and the said KRW 532,240.
Reasons
1. Fact-finding;
A. The third floor of the instant building leased the third floor of the instant building from the Defendant to March 31, 2015, KRW 25,000,000, monthly rent 4,400,000.
(A) The Plaintiff agreed to pay value-added tax separately in KRW 4,00,000, and the amount including value-added tax is KRW 4,400,000) was not paid for March 2015. Even after the expiration of the lease term, the Plaintiff occupied and used the three floors of the instant building, and delivered it to the Defendant on August 21, 2015, and did not pay KRW 172,000 in total, for water supply and drainage fees for April, May, and June, 2015.
B. The second floor of the instant building was leased from the Defendant KRW 40,00,000, monthly rent 4,976,400 from September 1, 2014 to August 31, 2015.
(Lease 4,524,00 won was agreed to pay the value-added tax separately, and the amount including the value-added tax was 4,976,400 won.) The Plaintiff did not pay the rent for March and April 2015, and the Defendant notified the termination of the lease around May 20, 2015.
After that, the Plaintiff occupied and used the second floor of the instant building with only rent paid in March 2015, and did not pay the aggregate of KRW 568,395,00 in April, June, August, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1-1, Eul evidence 2-1, Eul evidence 4 and 5, Eul evidence 6-1 through 8, Eul evidence 6-1 and Eul evidence 7, and the purport of the whole pleadings
2. As to the claim for principal lawsuit, the Plaintiff claims deposit amounting to KRW 25,00,00,000 for the lease of the third floor of the instant building, and KRW 30,000,000 for the sale of the accessories, and KRW 15,00,000 for the necessary or beneficial expenses, and KRW 70,000 for the lease of the third floor of the instant building.
First of all, the plaintiff should pay to the defendant the sum of 24,980,645 won (4,400,000 won x 521/31) and 25,152,645 won in aggregate of 172,00 water supply and sewerage charges. Of them, 25,000,000 won is deducted from the deposit, and therefore the deposit is all.