beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 24,513,361 to the Plaintiff (Counterclaim Defendant) and its related amount from October 9, 2019 to May 6, 2020.
Reasons
1. Basic facts
A. On February 11, 2004, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 25,000,000 with respect to the apartment unit D (hereinafter “instant apartment”) from February 11, 2004 to February 11, 2006 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 25,000,000 to the Defendant around that time.
B. Since then, the Plaintiff and the Defendant notified the Defendant of the termination of the instant lease agreement on November 20, 2018 without amending or cancelling the instant lease agreement, and the Plaintiff removed from the instant apartment around December 2018.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the facts found in the judgment on the principal claim, the instant lease agreement was terminated on February 20, 2019 after three months from the date when the Defendant, a lessor, was notified of the termination of the contract. Therefore, barring any special circumstance, the Defendant is obligated to return KRW 25,00,000 to the Plaintiff, barring any special circumstance.
3. Determination as to the defendant's defense and counterclaim
A. The gist of the Defendant’s assertion 1) The Plaintiff, a lessee, intentionally destroyed and contaminated the facilities and walls of the instant apartment, thereby incurring damage equivalent to the amount equivalent to the expenses for restitution equivalent to KRW 27,320,000 in total to the Defendant. As such, the amount equivalent to the deposit out of the amount of the Plaintiff’s liability for damages shall be deducted from the deposit for lease, and the amount exceeding the deposit shall be claimed as a counterclaim with each of the following damage claims. (2) The Plaintiff intentionally delayed the restoration of the instant apartment from December 2, 2018 to December 13, 2019, thereby making it impossible for the Defendant to obtain the lease profit of KRW 3,90,000 (= KRW 300,000 per month x 13 months). Therefore, the Plaintiff is obligated to compensate for such damage.
3. The defendant shall restore the apartment of this case to its original state.