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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the machines listed in the separate sheet;
B. March 21, 2018
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On May 1, 2016, the Plaintiff: (a) determined the rent of KRW 20 million per month; and (b) the lease period from May 1, 2016 to June 30, 2017; (c) reserved the right to terminate the said contract without a peremptory notice when Defendant B fails to perform the contractual obligation; and (d) the Defendant guaranteed the Defendant B’s obligation under the said lease agreement.
B. Since May 2016, Defendant B delayed the payment of rent from around May 2016, the Plaintiff sought against the Defendants the delivery of the said machinery and the payment of unpaid rent for the reason of the termination of the said lease agreement as the court 2017Da3344. During the said lawsuit, the Defendants were to pay rent up to May 2017, and the said lawsuit withdrawn on September 12, 2017.
C. On March 20, 2018, the Plaintiff’s declaration of intent to terminate the above lease agreement was served on Defendant B on the same day.
Defendant B continues to occupy and use the instant machinery until now, and the unpaid rent from June 1, 2017 to March 20, 2018 is the total of KRW 192,903,225 won ( KRW 180,000 ( KRW 20,000 x 9 month) 12,903,225 ( KRW 20,000 x 20/31,00).
【Ground of recognition】 The fact that there has been no dispute, Gap 2 through 7, 15, 20, 21, and the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the claim of the principal claim 1, the above lease contract between the Plaintiff and the Defendant B was implicitly renewed at the time of withdrawal of the said lawsuit, but the Defendant B delayed the payment of rent thereafter, the above lease was terminated upon the arrival of the Plaintiff’s intention of termination.
As such, Defendant B is obligated to deliver the said machinery to the Plaintiff and refund the rent from June 1, 2017 to the completion of delivery of the said machinery and the unjust enrichment equivalent to the rent for occupation and use of the said machinery, and the Defendant is obligated to pay the said fee.