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1. The Defendant (Counterclaim Plaintiff) receives KRW 1,116,430 from the Plaintiff (Counterclaim Defendant).
Reasons
In this chapter, the principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On May 26, 2017, the Plaintiff leased the real estate indicated in the order (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 3,000,000, monthly rent of KRW 320,000, and the period from May 28, 2017 to May 27, 2019.
B. The Defendant did not pay the Plaintiff the rent from November 2017.
C. The Defendant, at the end of March 2018, out of the instant real estate, has occupied the instant real estate up to the present time in such a manner as to keep the air conditioning equipment owned by the Defendant and one washing machine without collecting it.
The plaintiff did not refund KRW 3,000,000 to the defendant.
E. The Defendant’s rent of KRW 1,600,000 (=320,000 x 5 months) was the Plaintiff’s rent of KRW 56,00,000, urban gas fee of KRW 210,680, and electricity fee of KRW 16,890 was unpaid.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 8 through 10, and the purport of the whole pleadings
2. According to the above fact-finding on the claim of the principal lawsuit, the instant lease agreement was terminated at the end of March 2018.
Unless there are special circumstances, the Defendant is obligated to deliver the instant real estate at the same time to the Plaintiff at the time of refunding the amount of KRW 1,16,430, which deducted the overdue rent, etc. from the lease deposit (= deposit of KRW 3,000,000 - Water rate of KRW 1,60,000 - Water rate of KRW 56,00,000 - Electricity rate of KRW 210,680 - Electricity rate of KRW 16,890).
The Plaintiff asserts that, from the date following the termination date of the instant lease agreement, unjust enrichment equivalent to the monthly rent should be deducted from the lease deposit or paid directly by the Defendant until the delivery of the instant building.
Since the lessee's obligation to return the leased object and the lessor's obligation to return the remaining leased object arising from the termination of the lease contract are in the simultaneous performance relationship, the lessee is based on the right of defense of simultaneous performance.