손해배상(유익비상환 등)
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. Of the buildings listed in paragraph 1 of the attached list, the Attached Form No. 1 and No. 1.
1. Facts of recognition;
A. On October 7, 2014, the Defendant and the Plaintiff entered into a contract with the Plaintiff to lease on a fixed basis as indicated in paragraph (1) of the attached Table Nos. 1, 2, 3, 4, and 1 (hereinafter “instant building”) the part (a) part (a) of 33 square meters in the attached Table Nos. 1, 2, 3, 4, and 1 connected the Plaintiff in sequential order, and the land indicated in paragraph (2) of the attached Table Nos. 2 adjoining the leased deposit (hereinafter “C farmland”), 5 million won in the leased deposit, monthly rent, 80,000 won in the leased deposit, and the term of lease from October 27, 2014 to 24 months.
(hereinafter referred to as “instant lease agreement”). (b)
The Defendant leased the instant building to D at the monthly rent of KRW 500,000,000. However, as the Plaintiff demanded D to set it at a lower level, the Defendant agreed D to receive KRW 200,000 from D the monthly rent for the remainder other than the leased part of the instant building, taking into account that D would have received KRW 80,000,000 from the previous KRW 80,000,000, after deducting the monthly rent from KRW 200,000.
C. The Plaintiff paid only the monthly rent to the Defendant until April 27, 2015, and did not pay the security deposit and the monthly rent after April 28, 2015.
The Plaintiff received delivery of the leased part of this case from the Defendant, and instead of outer walls made up of the steel board of the building of this case, installed a wall with a sandd position board, affixed a steel door, installed concrete on the floor, installed a toilet, etc., and used the leased part of this case as the office.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1, 2, and 5 (including branch numbers), each of the statements or images, witness D, E's testimony, and the purport of the whole pleadings
2. Determination on the main claim
A. As the Plaintiff’s assertion 1 of the parties concerned constructed the leased portion of this case into the same building as at present, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 38,684,400 as beneficial cost.