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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
Reasons
1. The ground for the plaintiff's claim
A. On December 1, 2016, the Plaintiff entered into a contract between D and the Defendant Company to lease management rights (hereinafter “instant lease contract”) with the Defendant’s representative director.
The contents of the instant lease agreement include KRW 14,500,000, monthly rent of KRW 150,000 from December 1, 2016 to November 30, 2021, the Plaintiff entered the actual management right of the Defendant Company as KRW 14,50,000 for convenience when preparing the instant lease agreement, but in fact, KRW 8,50,000 for KRW 14,50,000 for KRW 14,50,000 for KRW 14,500 for convenience, but the Plaintiff paid KRW 6,00,00 for the land rent to F, the owner of the building site in Dongdaemun-gu Seoul, Seoul, where the Defendant Company was located, as a rent for the right to lease the Defendant Company.
I would like to lease to the public.
B. According to the instant lease agreement, the Plaintiff operated the Defendant Company for a total of 16 months from December 1, 2016 to March 31, 2018 under the instant lease agreement, and the Plaintiff cancelled the contract and returned all the management rights arising from the lease agreement to D.
C. Since the Plaintiff and the Defendant agreed on the termination of the instant lease agreement, following the termination of the lease agreement, the Defendant is obligated to refund the deposit amount of KRW 94,382,510 [150,000,000-( monthly rent 6,000,000 x 16 months) + 40,382,510], excluding the portion to be deducted among the above deposit, to the Plaintiff.
2. On December 1, 2016, which caused the Defendant’s counterclaim, concluded a lease agreement with the Defendant’s management right of KRW 150,000,000, monthly rent of KRW 14,50,00 (Additional Tax) and KRW 14.5 million (Additional Tax), but there was no agreement to terminate the contract for five years.
In addition, from December 1, 2016 to March 31, 2018, the Plaintiff did not pay to the Defendant the monthly rent of KRW 6,600,000 (including surtax) once every 16 months from March 31, 2018. The said deposit is overdue due to the contractual terms.