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1. The Plaintiff (Counterclaim Defendant) Plaintiff (Counterclaim Plaintiff) Company B, 61,964,491, and its weight:
(a) 43,750,501 won;
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On May 15, 2014, the Plaintiff: (a) leased the instant store located in Yeongdeungpo-gu Seoul Metropolitan Government D Building (hereinafter “instant commercial building”); (b) from the Defendant Company, the entrusted management company and owner of the said commercial building, a deposit of KRW 36,805,00; (c) monthly rent of KRW 3,680,50; and (d) the lease period from July 7, 2014 to June 30, 2015 (hereinafter “the instant lease agreement”); (c) on the same day, the fixed amount management expenses for the said Defendant and the instant store were determined as KRW 1,619,420; (d) the Plaintiff paid management expenses (fixed amount, electricity, water supply fees, etc.) to the Defendant in arrears by adding 2% per month to the amount in arrears (hereinafter “the instant management contract”); and (d) concluded a management contract with the Defendant, 2007, 2007, 20757, 2008.
B. While the instant lease contract has been renewed, the Defendant Company terminated the said lease contract on the ground that the Plaintiff did not pay rent and management fee to the Plaintiff, and filed a lawsuit seeking the delivery, etc. of the instant commercial building. On March 20, 2019, the said court rendered a decision to recommend settlement (hereinafter “decision to recommend settlement in this case”) with the Defendant by June 30, 2019, and the said decision became final and conclusive around that time.
C. On July 2019, the Plaintiff delivered the instant store to the Defendant Company in accordance with the said decision of recommending reconciliation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 6 through 11, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. (1) The Defendant C, a managing director of the Defendant Company and the Defendant Company, who is the managing director of the instant commercial building, is the summary of the Plaintiff’s claim against the Defendants.