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1. The Defendant (Counterclaim Plaintiff) paid KRW 33,462,168 to the Plaintiff (Counterclaim Defendant) and its amount from January 24, 2015 to April 20, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 1, 2012, the Plaintiff leased the Gangnam-gu Seoul Metropolitan Government C Building 105 (hereinafter “instant store”) to the Defendant with a lease deposit of KRW 40,000,000, monthly rent of KRW 3,740,000 (including value-added tax) and the lease period of KRW 2 years.
B. As of April 30, 2014, the Defendant was unable to pay monthly rent to the Plaintiff at once, and was in arrears of KRW 39,340,00,00, and the Plaintiff notified the Defendant of the termination of the lease agreement on April 17, 2014.
C. On January 23, 2015, the Defendant continued to conduct business, and delivered the instant store to the Plaintiff on January 23, 2015, and the Defendant’s unpaid general management expenses and gas user fees were KRW 1,427,330.
[Ground of recognition] Facts without dispute, Gap 1, 3, 6, and 7's statements, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 73,462,168 won [3,740,00 won 32,694,838 won [3,740,000 won x (8 month 23/31 day)] 1,427,30 won after deducting the above rental deposit 33,462,168 won from January 24, 2015 to April 20, 2015, which is the delivery date of an application for change of claim and cause of claim, 5% per annum as stipulated in the Civil Act, and damages for delay calculated by 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the day of complete payment.
B. As to this, the Defendant alleged that the Plaintiff exempted the Plaintiff from the obligation such as rent in arrears upon the delivery of the instant store. However, there is no evidence to believe that the Plaintiff’s statement of No. 9 and witness D’s testimony is difficult to believe, and that there is no other evidence to acknowledge it, the above assertion is without merit.
The defendant shall pay 22,00,000 won to repair the store of this case.