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All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
Basic Facts
On September 1, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 30,000,000 (to be paid on September 9, 201), monthly rent of KRW 3,200,000, and the lease term of KRW 12 months from September 1, 201 to August 31, 201 (hereinafter “instant lease agreement”).
The Plaintiff and the Defendant agreed as follows at the time of the instant lease agreement.
The rent shall be paid on the 30th of each month, but if it is delayed, the overdue interest at the rate of 3% per month shall be deducted from the deposit.
Electricity fees and value-added taxes shall be separately imposed.
Management expenses shall be paid in 1,560,000 won per month.
If the interest rate of KRW 130,00,000 is paid at the end of each month, or the interest rate of KRW 130,000,00 which was paid by offering an officetel owned by a lessee as security on September 9, 201, is not paid at any time, it shall be equivalent to the loan certificate and the note prepared at the time of receiving the loan on September 9, 201.
On September 9, 201, the Plaintiff entered into a monetary loan agreement and the establishment of a right to collateral security with the Defendant, and entered into a contract with the Defendant to pay 130,000,000 won to the Defendant at 3% of interest per month and on September 9, 2012 when the Plaintiff delays the payment of interest at least once. In the event that the Plaintiff delays the payment of interest, the Plaintiff would lose the benefit of the due date without any separate peremptory notice, and ② to pay the Plaintiff to the Plaintiff at 719, 149.56 square meters of the 7th and 7th and 7th and 149.56 square meters of the Da-dong-gu, Busan Metropolitan City (hereinafter “instant officetel”); hereinafter “the instant loan agreement”).
Meanwhile, at the time of the loan agreement of this case, the Plaintiff and the Defendant agreed that KRW 30,000,000 out of the loan amount of KRW 130,000,000 should substitute for the deposit to be paid to the Defendant under the instant lease agreement, and did not receive it separately.
The Plaintiff is the Defendant at the time of the instant loan agreement.