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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the separate sheet No. 1, 2, 3, 4.
Reasons
1. Facts of recognition;
A. On March 11, 2014, the Plaintiff, as the representative director of C Co., Ltd., leased the said building as deposit money of KRW 3,000,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and period of lease from March 15, 2014 to March 15, 2016, from the owner of the building listed in the separate sheet (hereinafter “instant building”).
B. Meanwhile, with the trade name “D”, the Defendant traded in the form of providing repair services for parts, etc. to the Plaintiff. The Plaintiff used the instant building free of charge to the Defendant around March 10, 2014, and from that time, the Defendant used the name of technical adviser/director of C&C and provided repair services at C&C factory.
In the meantime, from October 2014, the Defendant paid the rent, but the Defendant did not actually pay the rent.
C. On December 22, 2014, the Plaintiff and the Defendant signed each of the documents stating “B representative repair statement” to the effect that the Defendant’s repair cost to be paid to the Plaintiff is KRW 2.92 million (in addition to value-added tax), and that if the Defendant deducts the monthly income from October, November, November, and December, the Defendant would pay to the Plaintiff, the amount to be paid to the Plaintiff is KRW 980,00.
In other words, the Defendant, around December 23, 2014, drafted a written oath that the Plaintiff would pay KRW 1,20,000 to the Defendant at the time of withdrawal after deducting the repair cost of KRW 2,920,00,00 to the Defendant from the time of withdrawal (hereinafter referred to as “instant written oath”) from February 15, 2015 to March 15, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, 3, 4, 6, 7, and 11, and the purport of the whole pleadings
2. The plaintiff's judgment on the claim of the principal lawsuit shall deliver the building to the plaintiff in accordance with the above written pledge.