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Reasons
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(영문) 서울중앙지방법원 2014.02.06 2012가합91151
임대료
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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 10,978,733 and its amount from December 12, 2012.

Reasons

A claim of principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. The parties' assertion

A. On February 2010, the Plaintiff leased to the Defendants the KRW 95,00,000,000, monthly rent of KRW 15,000,000, and the lease term of February 20, 2010. On August 14, 2012, the instant building was renewed, and the lease contract was terminated as the instant building was sold to a third party by auction.

The Defendants paid only KRW 112,00,000 out of the rent of KRW 447,00,000 from February 20, 2010 to August 13, 2012. As such, the Defendants are jointly and severally liable to pay the Plaintiff KRW 240,00,000, excluding KRW 95,000,000,000, which the Plaintiff shall return to the Defendants.

B. The Plaintiff, around March 2010, leased the instant building to the Defendants by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 8,000,000, and the lease term from March 3, 2010 to March 2, 2012.

The Defendants paid KRW 128,130,00 among the rent of KRW 234,93,333 from March 3, 2010 to August 13, 2012. As such, the unpaid rent of KRW 106,803,333, and the unpaid rent of KRW 106,803,333, and the unpaid rent of KRW 6,803,333, if the Defendants excluded the refund from the above amount of KRW 100,00,000 from the lease deposit, the unpaid rent of KRW 6,803,333.

However, since the Defendants repair the instant building with KRW 10,824,60 during the term of lease, and thus, there exists a right to claim the return of necessary expenses equivalent to the above amount against the Plaintiff. Accordingly, the Defendants, by serving the application for reduction of claim for a counterclaim and modification of the cause of claim for a counterclaim, seek payment of KRW 4,021,267 (=10,824,600 - 6,803,333) remaining after the offset with the Plaintiff’s claim.

2. Facts of recognition;

A. The Plaintiff around March 2010, to the Defendants around KRW 95,00,00,00 for lease deposit, KRW 8,000 for rent, and KRW 8,00 for rent, around March 3, 2010 for the term of lease.

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