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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 12, 2008, the Plaintiff leased the five-story office office from the Defendant, which was located in Gyeyang-dong 3, Yeongdeungpo-gu, Seoul, for the period from March 1, 2008 to February 28, 200,000, the lease deposit amount of KRW 20,00,000 for the rent of KRW 2,20,00 for the rent of KRW 2,00 for the period from March 1, 2008 to December 2008 (including value-added tax; including value-added tax); the lease period of KRW 1,650,00 for the rent of KRW 1,650 for the rental period; and
(hereinafter “instant lease”). B.
From March 2008 to December 2008, the Plaintiff paid to the Defendant KRW 1,760,000 per month the monthly rent of KRW 1,650,000 and KRW 110,000 for management expenses (including KRW 1,650,000 and value-added tax). From January 2009 to December 2008, the Plaintiff paid KRW 1,760,000 for the same amount as the monthly rent and management expenses.
C. Around August 2013, the instant lease was terminated upon agreement, and the Defendant, on October 23, 2014, prepared a written confirmation stating that “10,000,000 won is payable to the Plaintiff during the period of failing to refund the lease deposit due to economic circumstances,” and that “10,000,000 won shall be paid until October 31, 2014, and the remainder of 10,000,000 won shall be paid until December 30, 2014” (hereinafter referred to as “written confirmation”).
The Defendant did not perform the obligation to return the lease deposit in accordance with the instant confirmation letter, and the Plaintiff filed a suit against the Defendant to pay KRW 16,480,000 for the remainder of the lease deposit (i.e., KRW 16,480,000 after deducting the lease deposit amount of KRW 3,520,00 for the second time in 2013 (i.e., KRW 1,760,000 x 2 months) around November 20, 2014 (Seoul Southern District Court 2014Kadan202305) and on December 2, 2014 (i.e., Seoul Southern District Court 2014Kabu District Court 2014Kadan202305).
E. On February 6, 2015, the Defendant sent content-certified mail to the Plaintiff. On February 6, 2015, the Defendant terminated provisional attachment of KRW 16,480,000 for the lease deposit as the preserved right after February 6, 2015, the Defendant’s KRW 5,000,000 until February 27, 2015, and March 30, 2015.