beta
Text
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
Reasons
1. In the first instance court, the Plaintiff sought payment of KRW 3,66,00 which was unfairly deducted from the lease deposit as late rent, KRW 477,810 which was excessively paid, and KRW 308,480 which was the long-term repair appropriations. The first instance court accepted only the management expenses, KRW 477,810, and the part of the claim for the long-term repair appropriations 285,680, among them, and dismissed the remainder.
The defendant appealed against the part against the defendant and filed a counterclaim to this court. The scope of the judgment of this court shall be limited to this.
2. Basic facts
A. On January 4, 2012, the Plaintiff entered into a lease agreement with the Defendant, stating that “The rent of the month shall be paid in advance on the 13th day of each month, and the rent of the month shall be KRW 20 million, monthly rent of KRW 970,000,000, and from January 13, 2012 to January 13, 2014,” with respect to the Nam-gu Incheon Metropolitan City C apartment 2302, 2005 (hereinafter “instant apartment”).
B. On January 7, 2014, the Plaintiff and the Defendant agreed to pay KRW 1,200,000 as the rent of the relevant month when the said lease is renewed. The lease deposit and monthly rent are the same as the previous one, the lease term is from January 13, 2014 to January 12, 2016.
C. During the lease period, the Plaintiff did not pay the Defendant the rent for November 2015 and December 2015, and paid the rent for more than five days after the payment date. The details of arrears are as follows.
The amount paid on January 30, 2013: (a) KRW 970,00 won on May 27, 2013; (b) KRW 970,000,000 on May 27, 2013; and (c) KRW 970,000 on April 30, 2014; (b) KRW 970,000 on August 19, 2014; and (c) KRW 970,00 on September 9, 2014, KRW 570,00 on September 28, 2014; and (d) KRW 75,50,00 on October 20, 2014; and (e) KRW 97,570,000 on November 20, 2014, KRW 15,500,000 on May 17, 2014;