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1. On October 13, 2018, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 31,382,58 and KRW 28,327,142 among them.
Reasons
Basic Facts
A. On March 2012, the Defendant leased and used the first and second floors among the Seoul Jongno-gu E and F ground-based buildings (hereinafter “instant buildings”) that are the joint ownership of the Plaintiff and D (i.e., shares of 1/2, and D delegated to the Plaintiff the right to lease their shares) from the Plaintiff in KRW 20,000,000, and KRW 1,800,000,000 for the rent.
B. Around September 2013, the Defendant entered into a new lease agreement with the Plaintiff’s agent G division, and instead of increasing the rent to KRW 3,00,00,000 per month from October 1, 2013 to September 30, 2017, and entered into a new lease agreement with the period from October 1, 2013 to September 30, 2017. As to the first floor of the instant building, KRW 90,000 out of the rent was transferred to the G’s account. As to the first floor of the instant building, the Defendant entered the lease agreement with the Plaintiff from October 1, 2013 to September 30, 2017, from September 1, 2013 to September 30, 2017 to September 30, 200 (a separate payment of value-added tax, and from September 1, 2013 to September 30, 2017.
(G) Of the existing lease deposit, the remaining KRW 10,00,000 shall be prepared and issued to the Plaintiff and the Defendant a certificate of custody in the name of D, and thereafter returned the above KRW 10,00,000.
After that, until May 2015, the Defendant remitted to the Plaintiff the rent of KRW 1,650,00 (including value-added tax) as the rent of the first floor of the instant building in accordance with the terms of each of the above lease agreements, and KRW 660,000 (including value-added tax) as the rent of the second floor of the instant building, and also remitted KRW 90,000 to G on the 28th day of each month. Since June 2015, G was dismissed from the manager of the instant building due to embezzlement of rent, etc., it paid to the Plaintiff the rent as stated in each of the above lease agreements only once every month.
After that, the Plaintiff requested the Defendant to pay KRW 900,000 to the Plaintiff for monthly rent that was paid to the G, even though the Defendant requested several times.