차임지급청구 등
1. The judgment of the first instance, including the Defendant-Counterclaim Plaintiff’s counterclaim claim expanded from the trial, is as follows.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 27, 2010, the Plaintiff entered into a contract with the Defendant on the seventh floor accommodation facilities (hereinafter “instant building”) located on the ground (hereinafter “instant building”) located in the Chungcheongbuk-gun, the lease deposit amount of KRW 500 million, KRW 20.9 million per month, and the lease term of KRW 27 million from September 27, 2010 to September 26, 2012. However, the Plaintiff shall pay KRW 12 million per year to the Defendant a parking fee (rent), and if the Plaintiff needs to repair facilities during the instant lease term, the repair cost of KRW 500,000 per case shall be borne by the Plaintiff, and the Defendant shall be borne by the Defendant (hereinafter “instant lease”). After receiving the lease deposit from the Defendant, the Plaintiff delivered the instant building to the Defendant.
B. On September 27, 2010, the Defendant: (a) leased the instant parking lot building (hereinafter “instant parking lot building”) located adjacent to the instant building from the Chungcheongbuk-gun (hereinafter “Nonindicted Company”); (b) registered the said building with the trade name of “Eel” (hereinafter “the instant parking lot lease”); and (c) registered the said building with the name of “Eel” (hereinafter “Eel”); and (d) operated the lodging business.
C. On June 1, 2011, the Plaintiff and the Defendant: (a) drafted a partnership agreement with the content that the instant mother is jointly operated as one-half shares; and (b) on June 23, 2011, the Defendant registered the Plaintiff as a joint proprietor of the instant motherel’s business.
After that, the Plaintiff and the Defendant changed the rent under the instant lease agreement from July 201 to KRW 19 million per month (including value-added tax) from July 2011. However, the Plaintiff and the Defendant changed the rent from October 201 to KRW 20 million per month (including value-added tax).
The Defendant operated the instant telecom by December 27, 2012, and the Plaintiff around December 27, 2012.