기타(금전)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) for KRW 30,636,448 out of the amount of KRW 33,382,728 and the amount of KRW 30,636,448 of the said amount. < Amended by Presidential Decree No. 24
Basic Facts
A principal lawsuit and a counterclaim shall be deemed simultaneously.
A. On March 19, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Nonparty D, who is the Defendant, on the instant real estate, with the term of KRW 20 million, KRW 20 million, KRW 2 million, and the term of lease up to March 19, 2016, regarding the instant real estate (hereinafter “instant first lease agreement”).
B. However, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate by September 16, 2016, which is KRW 5 million, KRW 5 million, and KRW 5 million, and the term of lease until September 16, 2016. As a special stipulation of the said agreement, the said agreement states that “a director shall be appointed without the conditions of expropriation in the E zone” and “a lessee shall be appointed if the expenses of directors are incurred in the E zone.”
C. The Plaintiff received KRW 2 million monthly payment from May 21, 2014 in the name of F operated by D, and received KRW 2.3 million from June 2014. From April 16, 2015, the Plaintiff received KRW 2.3 million in the name of the Defendant.
On April 2019, the Plaintiff paid on behalf of the Defendant the total amount of KRW 2,746,280 of the electricity and water supply and sewerage charges to be borne by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination on the principal lawsuit and counterclaim claim
A. On March 19, 2014, the Plaintiff’s assertion 1, the Plaintiff entered into a lease agreement with the Defendant on KRW 20 million, monthly rent of KRW 20 million with respect to the instant real estate, but changed the monthly rent of KRW 2.3 million instead of lowering the lease deposit as KRW 10 million at the Defendant’s request. From November 2016, the Plaintiff again adjusted KRW 2,090,912 after deducting value-added tax from value-added tax.
Although the Defendant occupied and used the instant real estate from March 2019, the period from November 2016 to March 2019.