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Reasons
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(영문) 대구지방법원포항지원 2015.11.03 2014가단304717
기타(금전)
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1. The Defendant (Counterclaim Plaintiff) pays KRW 2,414,00 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. On November 28, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant, setting the lease deposit for KRW 150,000,000, monthly rent of KRW 4,000,000, and the lease period from November 28, 201 to November 27, 2015 (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, the Plaintiff and the Defendant concluded that “The costs of repairing more than KRW 200,000 shall be borne by the lessor and the lessee who raises an objection to KRW 200,000,00 shall not claim such costs against the lessor”.

C. On November 28, 201, the Plaintiff paid 15,000,000 won to the Defendant on December 13, 201 of the same year, and paid 150,000,000 won for lease deposit to the Defendant. Around December 12, 2011, the Plaintiff received the instant cartel from the Defendant.

Meanwhile, on March 20, 2012, the Plaintiff and the Defendant reserves the rent from December 12, 2011 to June 30, 2012 before the expiration date, but the rent from July 2012 to the due date shall be paid normally, and the rent shall be settled monthly; and the term of the lease of this case shall be extended from March 20, 2012 to March 19, 2017.

'' has drawn up a written agreement with the content.

E. The Plaintiff paid the monthly rent to the Defendant as indicated below, and did not pay the monthly rent after April 9, 2014.

F. On May 20, 2014, the Plaintiff sent to the Defendant a document stating the intent to request the Defendant to reduce the rent from KRW 4 million per month to KRW 2 million per month by content-certified mail, and filed an application for conciliation with this court to the same effect on the 21st of the same month.

G. On March 16, 2015, the Defendant expressed his/her intent to terminate the instant lease agreement on the ground of two or more rent delays of the Plaintiff through a duplicate of the instant counterclaim. The duplicate of the said counterclaim was served on the Plaintiff on March 23, 201.

[Ground of recognition] The absence of dispute, which is obvious to this court;

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