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1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from May 10, 2014 to July 2, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 14, 2013, the Plaintiff entered into a contract with the Defendant for the lease of KRW 3001, KRW 3002, KRW 3501, and KRW 3502 (hereinafter “existing Lease”) with the deposit money of KRW 1.2 billion, monthly rent of KRW 22 billion (excluding value-added tax), and the lease period from June 15, 2013 to June 14, 2015. The Plaintiff paid KRW 200 million as the down payment of the deposit money of KRW 1.2 billion, and used the existing Lease Lease with the delivery of the Defendant.
B. On January 16, 2014, the Plaintiff entered into a contract for lease (hereinafter “instant lease contract”) with the Defendant on the whole of the instant offices, including the instant existing lease units, with a deposit amount of KRW 600 million ( KRW 50 million for each unit), monthly rent of KRW 60 million (excluding value added tax, KRW 5 million for each unit unit), from February 15, 2014 to February 14, 2016. Of the deposit amount, KRW 200 million for each unit of lease contract (hereinafter “the instant lease contract”), the Plaintiff paid each unit of KRW 40 million on January 16, 2014 and each unit of KRW 200 million on January 24, 2014 as follows.
Article 5 (Deposit and Monthly Rent) (6) Where the lease period commences or ends on a monthly basis, the rent shall be calculated according to the number of days.
(8) The monthly rent shall be paid on the 15th (if the day is a legal holiday, the day preceding that day) of each month.
(10) A lessor may arbitrarily deduct all expenses or obligations to be borne and paid by the lessee under the contract from the deposit and appropriate them for the amount of the claims of the lessor.
(11) If this contract is terminated due to the expiration or termination of the lease term, or any other cause, the lessor shall return the lease deposit to the lessee.
provided, however, that the lessee may enter into a contract.