1. The Defendant (Counterclaim Plaintiff) paid KRW 675,00 to the Plaintiff (Counterclaim Defendant) for KRW 675,00 and its related amount from January 1, 2019 to November 10, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 1, 2017, the Plaintiff entered into a contract with the Defendant to lease the instant vehicle to the Defendant (hereinafter “instant lease contract”) by setting the monthly rent of KRW 2,750,000 (including value-added tax) from June 1, 2017 to June 1, 2019 (2 years), and around that time, deliver the instant vehicle to the Defendant.

B. On December 31, 2018, the Plaintiff agreed to terminate the instant lease agreement with the Defendant and received the instant vehicle from the Defendant on the same day.

C. On January 27, 2019, the Plaintiff: (a) requested D to repair the instant vehicle; (b) completed repair on June 20, 2019 on the parts of the instant vehicle, such as a string and tacket; and (c) thereby, the repair period was 145 days, the repair cost was 23,461,790 won.

In addition, around June 13, 2019, the Plaintiff requested E to repair the instant vehicle and completed repair, such as the exchange of the said vehicle for the same day, and accordingly, the repair cost of KRW 1,056,00 was required.

[Ground of recognition] The fact that there is no dispute, Gap 2, 3, 5, 8 through 10, each entry and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, as a lessee, destroyed the parts of the instant vehicle’s cream and blicket due to the Plaintiff’s failure to perform his/her duty of care as a good manager with respect to the preservation of the instant vehicle, which is the object of lease. Accordingly, the Plaintiff spent the 24,517,790 won in total, and the Plaintiff incurred damages for not obtaining KRW 13,291,570, which is equivalent to the profit from the use of the instant vehicle for 145 days during the repair period.

Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 37,809,360 and damages for delay due to incomplete performance of the obligation to return the leased object or tort.

B. Defendant 1 paid the sum of the repair cost of KRW 9,003,586 during the lease period, etc.