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1. The Plaintiff (Counterclaim Defendant) paid KRW 7,656,340 to the Defendant (Counterclaim Plaintiff) and its related amount from December 22, 2017 to November 29, 2018.
Reasons
1. Basic facts
A. On August 6, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 30 million, monthly rent of KRW 2.4 million, and the lease period from August 19, 2016 to August 18, 2017 (1) (hereinafter “instant lease agreement”).
B. However, the Defendant delayed the rent of KRW 15,840,00 for six months from February 19, 2017 to July 19, 2017 (i.e., KRW 2,640,000 x 6 months), and the Plaintiff issued a notice to the effect that the instant lease contract was terminated as of August 18, 2017 and the instant commercial building was restored to its original state and delivered to the Plaintiff (hereinafter “instant notice”).
C. On March 14, 2017, the Defendant filed a report on the closure of business of the instant commercial building, and the provisional injunction on the possession transfer of the instant commercial building was enforced on August 17, 2017, and the Defendant handed over the instant commercial building to the Plaintiff on November 20, 2017.
【Ground of recognition】 The fact that there is no dispute, Gap 1 through 8, Eul 3, 9, and 10, each entry and video (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion and judgment (the principal claim and counterclaim shall be deemed to be filed together);
A. The summary of the assertion is that the Plaintiff’s instant lease contract was terminated on the grounds of the instant principal lawsuit, the Defendant’s delay, etc., and the Plaintiff’s delay from January 19, 2017 to November 20, 2017 (the portion of seven months until August 18, 2017) and the amount of unjust enrichment equivalent to the rent (the amount of three months from August 19, 2017 to November 20, 2017) plus 26,40,000,000 won (=the amount of three months from November 20, 2017) (i.e., KRW 2,640,000 to KRW 1,623,390 to November 20, 2017; and (ii) additional repair cost plus KRW 470,50,505,005,005,00 for repair and replacement expenses, i.e., additional repair expenses.