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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit are assessed against the Counterclaim Plaintiff by adding the principal lawsuit and the counterclaim.
Reasons
1. The counterclaim Defendant was a corporation established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing the Gangnam-gu Seoul D-Japan C reconstruction project. On June 16, 2017, the approval for the management and disposal plan was obtained from the head of Gangnam-gu Office, and the counterclaim used the 1st floor E store of the C Commercial Building (hereinafter “instant store”) from the owner F to the recent lease on November 21, 2013.
[Ground: Facts without dispute, Gap 2 through 4, each entry (including a tentative number)]
2. On the counterclaim, the counterclaim asserts that there remain only KRW 25 million after deducting overdue rent, etc. from the amount of KRW 25 million paid as the deposit for the lease of the instant store. On the other hand, the counterclaim Defendant asserts that the deposit paid is only KRW 0 million.
As of November 21, 2013, the real estate lease contract (No. 100,000 won) entered into between the lessor F and the Lessee (agent G) with respect to the instant store on November 21, 2013, and the deposit amount is no monthly, but the evidence that the amount was actually paid to the lessor was not submitted. Furthermore, the real estate lease contract (Evidence A7) entered into by the Counterclaim Defendant on the same day as the deposit amount, the deposit amount is KRW 50,000,000,000,000,000 won per month, and the actual payment was made to the Lessee or G was made to the Lessee (Evidence A10,500,000,000 won per month). The Counterclaim Defendant asserted that the total amount of overdue rent of the Lessee reaches KRW 12,50,000,000,000,0000 won, and there was no evidence to prove that the Lessee was insufficient to present evidence.
[Written G (No. 5 Evidence) submitted by the Lessee at the latest, also contains ambiguous statements about the amount of the actual security deposit and the amount of the monthly rent in arrears paid by the Lessee.]