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1. The counterclaim Defendant: 46,832,470 won to the counterclaim and 5% per annum from April 3, 2017 to April 6, 2018.
Reasons
1. Facts of recognition;
A. On March 31, 2016, the Counterclaim leased the first and second floors of the building located in the Daegu Suwon-gu C (hereinafter “instant building”) from the Counterclaim Defendant for a deposit of KRW 80 million, monthly rent of KRW 5.2 million (excluding value-added tax), from May 7, 2016 to May 6, 2018 (hereinafter “instant lease contract”). Around that time, the Counterclaim Defendant paid KRW 80 million deposit to the Counterclaim Defendant.
B. Since December 7, 2016, the Counterclaim Plaintiff did not pay the rent to the Counterclaim Defendant. On February 20, 2017, the Counterclaim Defendant filed a lawsuit claiming the delivery of the instant building and the payment of rent against the Counterclaim Plaintiff on the ground that the Counterclaim was overdue (2017Kadan4123). The instant warden reached the Counterclaim on February 28, 2017.
C. On April 2, 2017, the Lessee removed interior interior interior interior interior facilities installed in the instant building on April 2, 2017, and on September 4, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 5, Eul evidence 4 and Eul evidence 1 to 6, the purport of the whole pleadings
2. Determination
A. On February 28, 2017, the instant lease agreement was lawfully terminated by the counter-party Defendant on the ground that at least two years of the counter-party in arrears were overdue.
Therefore, the counterclaim defendant should pay to the counterclaim 50,920,000 won calculated by subtracting 20,800,000 won from December 7, 2016, which is the 4-month rent from the 80,000 won of the deposit to the Lessee and the 5,92 million won of the rent from December 7, 2016, and delay damages.
B. 1) The counterclaim Defendant asserts that, inasmuch as the Counterclaim Defendant left the interior facilities of this case in order for the Counterclaim to obtain premium revenues from September 4, 2017, after April 2, 2017, the Plaintiff left the interior facilities of this case in order to obtain premium revenues from September 4, 2017, unjust enrichment equivalent to the rent of five months for the said period should be deducted from the deposit.
1. Lease;