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(영문) 울산지방법원 2017.08.23 2017가단3610

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

The main lawsuit, counterclaim is also considered.

On April 12, 2013, the Plaintiff (A, the representative of the Plaintiff, entered into a lease agreement with the Defendant first, but C requested the succession of the lease agreement after establishing the Plaintiff on July 12, 2013, the lessee status was changed to the Plaintiff as of July 17, 2013) determined on April 2013 by the Defendant as KRW 30 million, monthly rent of KRW 330,000,000, and monthly rent of KRW 3.3 million (Additional rent).

[A] 1, B 1, and 2] The Defendant reported monthly rent from the Plaintiff to the competent tax office until December 2013 as KRW 3.3 million.

[4] Since January 2014, the Plaintiff and the Defendant drafted a separate lease contract stating that the monthly rent is KRW 2,80,000 (excluding surtax) (No. 3). Accordingly, the Defendant also reported monthly rent from January 2014 to the competent tax office as KRW 2,80,000 (No. 4) [the Plaintiff’s monthly rent is KRW 3,580,000,000,000,000,000,000,000,000,000,000,000 won, which is the monthly rent from January 2014; and 3,000,000,000 won, calculated by subtracting the amount equivalent to the amount of KRW 5,00,000,000,000,000,000,000,000,000.

each payment was made.

[A] [2] The Defendant filed a lawsuit against the Plaintiff seeking the payment of the purchase price of a building and the rent for arrears by this Court Decision 2016Da13207, and was sentenced to a judgment without pleading on August 17, 2016. The Plaintiff returned the leased object to the Defendant on September 13, 2016.

[Defendant 6, 11] and above facts are not disputed, or are recognized to the purport of the whole pleadings, in addition to each macro-Evidence.

In the principal claim, the plaintiff prepared a separate contract stating the monthly rent of KRW 2.8 million at the defendant's request. The defendant reported monthly rent of KRW 2.8 million at the tax office, i.e., the monthly rent of KRW 500,000 at the defendant's report, and as a result, the plaintiff reported monthly rent of KRW 2.8 million at the tax office, i.e., the monthly rent of KRW 3.6 million at the contract rent of KRW 3.6 million at the difference between the reported amount and KRW 5.6