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1. Defendant B and Defendant C (Counterclaim Defendant) jointly and severally file for KRW 33,847,410 with the Plaintiff (Counterclaim Defendant) on June 2016.
Reasons
1. The assertion;
A. The principal lawsuit 1) Plaintiff (Counterclaim Defendant, Plaintiff hereinafter referred to as the “Plaintiff”).
(1) On October 25, 2011, Defendant C (Counterclaim Plaintiff; hereinafter the same shall apply) is limited to Defendant C.
)The entire building of land and ground buildings of Daegu Suwon-gu D (hereinafter referred to as the “instant building”).
As to the lease term, from November 1, 201 to October 30, 2013, a lease agreement of KRW 50,000,000 for rental deposit, monthly rent of KRW 2,30,000 was concluded in the name of the Defendant B (hereinafter referred to as the instant lease agreement).
(2) The Defendants managed “E” on the first floor of the instant building, and “F” on the second floor, and did not pay monthly rent after November 1, 201.
3) Therefore, on July 21, 2014, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds that the monthly rent was not paid more than twice, and the instant lease agreement was terminated by the termination of the said business. (iv) The Defendants occupied the instant building until the Police Officer around November 2014.
5) The Defendants are not obligated to pay 1,047,410 won for the instant building (on February 3, 2014). Accordingly, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 83,847,410 for the total sum of monthly rent or unjust enrichment on monthly rent and monthly rent for 36 months from November 1, 201 to October 30, 2014.
7. However, the Plaintiff is obligated to pay the Defendant B the deposit amounting to KRW 47,30,000,000. Therefore, the Plaintiff is required to offset the claim amounting to KRW 47,300,000 among the above KRW 83,847,410 against the obligation to refund the above deposit, and to jointly pay the remainder of KRW 36,547,410 and the amount calculated at the rate of KRW 20% per annum from the day following the date of the instant sentencing to the day of full payment.
B. The counterclaim Defendant C, as a lessee of the instant lease agreement, returned the security deposit of KRW 50 million, and installed and damaged by the Plaintiff’s intrusion on the instant building.