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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 54,640,195 and its payment from May 23, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts of basic facts may be admitted, either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, 4 through 6, and Eul evidence Nos. 1 and 2 (including additional numbers), together with the whole purport of the pleadings:
T&C Construction Co., Ltd. (hereinafter referred to as “T&C construction”) concluded a lease contract for commercial buildings (hereinafter referred to as “instant lease contract”) between the Defendant and general construction business, real estate sale, lease business, etc. on August 28, 2009 with respect to the 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 from September 1, 2009, to August 31, 201, for the purpose of general construction business, real estate sale, and lease business. At that time, the Defendant paid the above lease deposit to the Defendant, and began its business after receiving delivery from the instant real estate site.
B. After that, the instant lease agreement was renewed on July 28, 201, August 24, 2012, and July 29, 2013, respectively. In that process, the monthly rent was 8,330,000 won, and the period of lease was 8,330,000 won from September 1, 201 to August 31, 2014.
C. After that, even though the instant lease agreement expired on August 31, 2014, the Defendant continued to engage in a health care business without delivering the instant real estate to C&D, and in that situation, C&D sold the instant real estate to D and E on February 6, 2015 and completed the registration of ownership transfer on February 27, 2015.
From January 1, 2014, the Defendant delayed the payment of rent to T.C. Construction. At present, the Defendant’s overdue rent (from January 1, 2014 to August 31, 2014) and damages (from September 1, 2014 to February 27, 2015) amounting to KRW 50,00,000 as lease deposit and the long-term repair appropriations amounting to KRW 54,686,80,195 even after deducting KRW 54,640,195.
E. Meanwhile, on the other hand.