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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim) is a 1,000,000 won and this shall apply to the Appointed C.
Reasons
1. Basic facts
A. (1) On December 26, 2011, the Plaintiff leased 200,000,000 deposit money under the name of the lease deposit, KRW 400,000,00 from the Defendant on deposit basis, and KRW 200,00,000,00 from January 13, 2012 (hereinafter “instant one contract”) to the Defendant.
(2) From January 13, 2012, the Plaintiff occupied and used the instant real estate as of January 13, 201, and delivered the instant real estate to the Defendant on October 15, 2014.
B. (1) On September 10, 2013, the Selection C leased KRW 207 of the D Building in Dongdaemun-gu Seoul (hereinafter “instant 2 real estate”) from the Defendant on a deposit basis for KRW 1,00,000, KRW 600,000 on a deposit basis, KRW 600,000 on a rent basis, and KRW 1,00,000 on a deposit basis from October 21, 2013 (hereinafter “instant 2 contract”), and the Defendant paid KRW 1,00,000 on a deposit basis.
(2) From October 21, 2013, the Appointor C occupied and used the instant 2 real estate from October 21, 2013, but the delivery of the instant 2 real estate was made on March 24, 2015 by the execution of provisional execution of the case, including the delivery of buildings, filed by the Defendant against the Appointor C.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 6, Gap evidence 9, Eul evidence 1 to 3, Eul evidence 7, and the purport of whole pleadings
2. Determination on the main claim
A. Since the Plaintiff’s assertion that the real estate of this case and the two real estate of this case are delivered to the Defendant, the Defendant shall pay to the Plaintiff KRW 200,000 deposit money, KRW 1,00,000 deposit money, and damages for delay as to each of the above money.
B. (1) The Defendant, on October 14, 2014, did not pay a total of KRW 1,500,000 as of October 11, 2014, even if the amount of KRW 1,500,000 as of October 11, 2014 is deducted, so the instant two contracts are concluded after October 20, 2014.