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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 14,362,250 as well as the full payment from June 22, 2017.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On September 24, 2015, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the C Building D, E, F, and G (hereinafter “instant building”) owned by the Defendant, that the Plaintiff leases KRW 200,000,000, monthly rent of KRW 8,000,000 (excluding value-added tax), and the term of lease from October 14, 2015 to October 14, 2017 (hereinafter “the instant lease agreement”).
B. Article 2 of the instant lease agreement provides that the Plaintiff shall pay the monthly rent, and that the Plaintiff, the lessee, shall bear the management expenses and electricity charges for the instant building (hereinafter “monthly rent, management expenses and electricity charges”), and that the late payment charges of 1.5% per month from the date of delinquency shall be paid to the Defendant when the instant rent, etc. is overdue (hereinafter “monthly rent, etc.”).
C. As stipulated in the instant lease agreement, the Plaintiff paid KRW 200,000,00 to the Defendant four times from September 25, 2015 to October 14, 2015. On November 201, 2015, the Plaintiff was handed over the instant building from the Defendant for the purpose of interior works to be used as a motor vehicle exhibition and sale site.
The Plaintiff, around January 20, 2016, calculated the rent, etc. as of October 2015 (from October 14, 2015 to October 20, 2015, the Defendant calculated the rent, etc. on the basis of the 20th day of each month, which is the account settlement date of the Defendant Company.) and the rent, etc. for November 2015 (from October 21, 2015 to November 20, 2015), (i) KRW 12,534,126, (ii) (i.e., the rent for October 1, 2015 to KRW 1,419,354, KRW 674,477, KRW 39,050, KRW 39,050, KRW 2050, KRW 10,018, KRW 16,015, KRW 16,2015).
E. On March 14, 2016, the Defendant entered into a waterproof Construction Contract with H at the Plaintiff’s request, and completed the construction of the instant building.
(f).