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1. The Defendant (Counterclaim Plaintiff) paid KRW 17,792,00 to the Plaintiff (Counterclaim Defendant) for KRW 17,792,00 and for this, from September 15, 2017 to June 15, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff, under the trade name of “C”, operates a sloping-type and presses-type manufacturer, and the Defendant operates a semiconductor component manufacturer under the trade name of “D”.
B. On April 28, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on machinery (profilinger; hereinafter “instant machinery”) and part of C factories (hereinafter “instant office, etc.”) necessary for the transaction of manufacturing radio components.
Of the instant lease agreement, the deposit for the instant machinery under Article 2 is KRW 10,000,000, and the rent is KRW 2,500,000, and the Defendant shall pay to the Plaintiff by the end of each month.
(F) Article 4 of the Act provides that the rent of the office, etc. of this case shall be non-guaranteed and monthly gold of KRW 1,000,000 (including electricity taxes).
Article 5 The defendant's P/G office, and dormitories shall be used.
Article XIPeriod of this Agreement shall be one year from the date of the contract.
(2) On May 1, 2016, to April 30, 2017), however, it may be renewed through consultation between the plaintiff and the defendant.
Parts are as follows:
C. Meanwhile, the Plaintiff and the Defendant concluded a gold parts processing contract, and the Defendant processed the gold parts from May 31, 2016 to August 31, 2016, and did not receive KRW 10,208,00 from the Plaintiff for the gold parts processing cost.
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1 and 2 (including each number, hereinafter the same shall apply), Eul evidence No. 4, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The Plaintiff 1’s assertion was not paid to the Plaintiff the sum of KRW 28,000,000 from September 2016 to April 2017 under the instant lease agreement. From May 2017, the said lease agreement was terminated to August 21, 2017, the date prior to the execution date of provisional seizure of corporeal movables, which was applied by the Plaintiff to Suwon District Court 2017Kadan202814.