공사대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. At the time the Defendant purchased the land of 1,747 square meters for C Miscellaneous land in Chungcheongnamyang-si, the Plaintiff paid KRW 10,779,90 on December 31, 2014 on behalf of the Defendant, and the Plaintiff on behalf of the Defendant and paid KRW 10,000,000,000,000,000 from the lessee (D) at the entrance direction of 10,000 square meters for the above miscellaneous land (hereinafter “instant store”) among the above miscellaneous land, may be recognized by comprehensively taking account of the following: (a) there is no dispute between the parties; or (b) the fact that the acquisition tax was paid upon adding KRW 79,90,00,000 to his money for KRW 779,0
Therefore, the Defendant is obligated to pay the remainder of KRW 79,900 (=10,779,900 - 10 million) excluding the lease deposit that the Plaintiff received on behalf of the Defendant among the above acquisition tax, and the delay damages therefrom, unless there are special circumstances to the Plaintiff.
(hereinafter “Plaintiff’s Claim”). 2. Determination on the Defendant’s counterclaim for offset
A. The defendant's defense was subrogated to D with the plaintiff's debt amount of eight million won against D, which shall be offset against the plaintiff's debt amount of this case by the automatic claim amount.
B. The following facts can be acknowledged in full view of the statements in Gap 6 and Eul 1-4, and the purport of the entire arguments in this court.
1) The Defendant delegated the instant store to the Plaintiff to rent KRW 10 million. On December 30, 2014, the Plaintiff leased the instant store to D with a deposit of KRW 20 million and received KRW 20 million from D. 20 million. 2) The Plaintiff filed a complaint against the Plaintiff, and the Plaintiff agreed with D to return KRW 10 million to D.
However, the plaintiff returned 2 million won to D, and the remaining 8 million won did not return to D.
3) D) The amount of KRW 16.6 million (a security deposit of KRW 20 million plus KRW 1.4 million in arrears already received from the Plaintiff at KRW 20 million) against the Defendant and the delay damages therefrom, which are the amount calculated by deducting KRW 2 million and KRW 1.4 million in arrears, from the security deposit of KRW 20 million, from the Defendant.