추심금
1. The plaintiffs' claim of this case is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the arguments in the statements in Gap evidence Nos. 1, 2, 3-1, 2, 5-1, 9-1, 2, and 10, and Eul evidence No. 10:
J Co., Ltd. (hereinafter referred to as the “J”) and Defendant’s assistant intervenor entered into an agreement on November 1, 1992 with the Government that they will use the instant underground shopping district free of charge until the construction cost and road occupation and use charge are offset.
On December 14, 1992, the implementation plan for urban planning facilities was approved by MM publicly announced by the Council, and the underground shopping mall of this case was completed on May 6, 1996.
B. On December 21, 1995, J entered into a contract with the Plaintiff on a lease deposit amounting to several of the second basements located in the second basements of the instant underground shopping mallss at KRW 90,00,000, monthly rent of KRW 300,000, and the period of KRW 60 months from the date of the lease deposit. The Plaintiff paid the above lease deposit at that time, and thereafter the lease deposit was changed to KRW 70,000,000, monthly rent of KRW 200,000.
C. On May 12, 2011, the Plaintiff filed a lawsuit against J as the District Court Decision 2011Kahap5223 Decided May 12, 201 against J, and in that lawsuit, J filed a lawsuit as a counterclaim for the claim for rent, etc. with the same court No. 201Gahap5230.
On January 10, 2013, the above court rendered a judgment on the Plaintiff’s principal claim that “The J shall pay to the Plaintiff 68,179,450 won and 30,000,000 won among them, 5% per annum from November 16, 2010 to January 10, 2013, and 20% per annum from the next day to the date of full payment.”
The above court in the Seoul High Court 2012Na15826, 2012Na15833 (Counterclaim), the appellate court, the appellate court of which filed an appeal. < Amended by Act No. 11504, Jan. 10, 2013>