beta
Text
1. The Plaintiff (Counterclaim Defendant) paid KRW 9,340,00 to the Defendant (Counterclaim Plaintiff) and the amount from June 11, 2015 to December 9, 2015.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;
A. On August 2, 2013, the Plaintiff: (a) on August 2, 2013, the Plaintiff leased, as the lease deposit amount of KRW 10,000,000, monthly rent of KRW 500,000, the monthly rent of KRW 342 square meters, KRW 54 square meters before D; and KRW 209,000 (hereinafter “each of the instant lands”) from August 5, 2013 to August 4, 2015, the Plaintiff set the lease period to the Defendant.
(hereinafter “instant lease agreement”). B.
The Defendant did not pay a monthly rent for at least two months, and the Plaintiff notified the Defendant that the instant lease contract will be terminated three times, including December 30, 2013, January 15, 2014, and August 13, 2014.
C. On June 10, 2015, the Defendant removed facilities on each of the instant land and delivered each of the instant land to the Plaintiff.
[Reasons for Recognition] Unsatisfy, entry in Eul's Evidence Nos. 1 to 4 (including virtual numbers), the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the lease contract of this case was terminated upon termination of the contract of this case. Thus, the defendant is obligated to restore each of the lands of this case to its original state, and the defendant delivered each of the lands of this case to the plaintiff after removing each of the lands of this case, as seen above, and there is no evidence to acknowledge otherwise that the defendant currently occupies each of the lands of this case, or that the plaintiff's claim for collection and delivery is remaining. Thus, the plaintiff's claim for collection, recall and delivery is without merit.
The plaintiff asserts that miscellaneous and waste are neglected on each land of this case, but there is no evidence to acknowledge it, and the plaintiff did not appear at all on the date of pleading three times.
The plaintiff is seeking collection and collection of facilities stated in the purport of the claim as the main claim, and it is nothing about miscellaneous or waste.