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1. The Defendant (Counterclaim Plaintiff) paid KRW 6,866,400 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from August 12, 2016 to September 6, 2017.
Reasons
1. Basic facts
A. On April 8, 2013, the Plaintiffs leased the instant building Nos. 1, 2, and 3 (hereinafter “each of the instant buildings”) from the Defendant as security deposit of KRW 10,000,000, monthly rent of KRW 400,000, and from April 10, 2013 to 60 months (hereinafter “instant lease agreement”). From that time, the Plaintiffs leased the instant building with the name of representative “A” and “E” from each of the instant buildings, and began to operate restaurant business at that place.
Of the terms and conditions of the instant lease agreement, the issues of the instant case are as follows.
Article 5 of the monthly rent contract may be reconstructed or altered with the approval of the lessor, but the lessee shall bear all the expenses of the tenant in the named city and restore it to its original state. Article 6 of the monthly rent contract shall be voluntarily ordered within 10,000 won, and the tenant shall not raise any civil or criminal objection, and the tenant shall, in principle, repair the internal facilities of the above real estate during the contract period.
Article 10 In extending a five-year contract with a lessor, a lessee has entered into a contract with the lessor with the consent that the conditions of extension of the contract provide the lessor with the management of the oxygen (two-year period) (in the event that the lessee has neglected the management of oxygen at least once a year, the contract may be reversed, and the amount of neglect of management of oxygen may be raised from the deposit of the lessee with the lessee with the amount of KRW 400,000 per time.
In addition, it shall be transmitted once a month prior to the management of the oxygen, and in the absence of the transmission of photographs, it shall be considered as neglect of management of the oxygen.
Article 11 (Expenses Incurred in Repair and Maintenance of Commercial Building shall not be claimed by a lessor.
B. The Plaintiffs paid to the Defendant the amount equivalent to 13 months from April 20, 2013 to April 30, 2014, as indicated in the following table:
C. The defendant