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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,942,176 to the Plaintiff (Counterclaim Defendant) and its related amount from June 2, 2018 to November 8, 2018.
Reasons
1. Basic facts
A. The Plaintiff, as one of the co-owners of the buildings listed in the separate sheet, was leased and delivered in sequence from May 15, 2012 to July 15, 2012, the part on the first floor (hereinafter “the first floor”) and the part on the second floor (hereinafter “the second floor”) and the part on the second floor (hereinafter “the first floor part”; hereinafter “each of the above leased parts”) among the co-owners of the buildings listed in the separate sheet from May 15, 2012 to July 15, 2012.
B. On August 8, 2013, the Plaintiff entered into a lease agreement with the Defendant for the lease term of each of the instant leased premises from August 8, 2013 to May 14, 2014; the deposit amount is KRW 45,00,000; the monthly rent is KRW 1,70,000 for each leased part; the monthly rent is KRW 650,000 for each leased part; the second floor is KRW 650,00 for each leased part; and the upper floor is KRW 1,50,000 for each leased part; and the monthly rent is KRW 200,000 for each leased part.
A) Around May 14, 2014, the Plaintiff entered into an agreement with the Defendant to extend the lease period by May 14, 2016, with an additional monthly rent of KRW 450,00,000. (c) On December 14, 2016, the Plaintiff left the entire lease part of the instant lease and delivered it to the Defendant. On December 17, 2016, the Defendant returned KRW 10,000,000 to the Plaintiff out of the lease deposit, and returned KRW 7,00,000,000 to the Plaintiff on January 5, 2017.
2. Summary of the parties' arguments;
A. On May 14, 2016, the lease term of the Plaintiff’s instant lease agreement was extended by the agreement of the original Defendant and terminated on December 14, 2016.
If the Plaintiff deducts the unpaid monthly rent of KRW 8,090,000 and the electricity fee of KRW 577,825, and the cleaning management fee of KRW 120,00,00, the security deposit remains at KRW 36,212,175. Since the Defendant returns only KRW 17,00,000 among them, it shall return the remainder of KRW 19,212,175.