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1. The Defendant (Counterclaim Plaintiff) received KRW 1,188,710 from the Plaintiff (Counterclaim Defendant) as well as the Plaintiff’s counterclaim.
Reasons
1. The fact of recognition common to the principal lawsuit and the counterclaim;
A. As the owner of a building listed in the attached list in Yongsan-gu Seoul Metropolitan Government, the Plaintiff entered into a lease agreement with the Defendant on a deposit for lease deposit of KRW 3.5 million, monthly rent of KRW 3 million, and the lease term of KRW 12 months from September 14, 2015 to September 14, 2016 (hereinafter “the lease agreement in this case”) and leased the lease agreement with the Defendant (hereinafter “the lease agreement in this case”).
B. The Defendant paid the monthly rent on September 2015 as stipulated in the instant lease agreement, and did not pay the subsequent rent.
C. Accordingly, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the rent delay through the instant lawsuit.
On March 2016, the Plaintiff and the Defendant returned a sum of KRW 5 million (hereinafter “instant agreed money”) in addition to KRW 3.5 million from the Plaintiff, as well as KRW 1.5 million, and agreed to deliver the instant leased building to the Plaintiff.
(A) The Plaintiff agreed to the Defendant not to separately claim public charges, such as electricity, etc. (e).
The Defendant damaged the parking lot door in which the instant leased building is located, and the Plaintiff paid 550,000 won as repair cost (hereinafter “the instant damages”).
F. As of the date of the closing of argument in the instant case, the sum of the amount of unjust enrichment equivalent to the unpaid rent or rent paid by the Defendant is KRW 3,261,290 (i.e., the sum of KRW 10,000,000 from October 14, 2015 to August 14, 2016, KRW 3,000,000,000 from August 14, 2016 to September 9, 2016, which is the date of the closing of argument in the instant case (hereinafter “instant overdue rent”).
G. The Plaintiff is the Plaintiff.