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1. The Defendant (Counterclaim Plaintiff) paid KRW 224,755 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from November 16, 2016 to July 12, 2017.
Reasons
1. Facts of recognition;
A. On March 9, 2009, the Defendant: (a) attached Table 1, 2, 3, 4, and 1 among the buildings listed in the attached list (hereinafter “instant building”); (b) leased the leased deposit amounting to KRW 25,00,000, monthly rent of KRW 1,500,000, and KRW 66.78 square meters (hereinafter “instant store”) among the buildings listed in the attached list (hereinafter “instant building”).
However, the defendant and C entered the monthly rent of KRW 500,00 in the lease contract submitted by C at the tax office, and the defendant received the monthly rent of KRW 1,500,000, value-added tax of KRW 50,000, total of KRW 1,550,000 from C.
B. C attached to the back wall of the instant store with the Defendant’s permission, and attached to the back wall of the instant store, thereby 27 square meters of the building in the sand site board (attached Form 3, 4, 5, 6, and 3; hereinafter “the instant illegal building”) connected each point in sequence, and operated a Chinese restaurant (trade name: D) in the instant store.
C. On April 15, 2010, the Defendant drafted a lease agreement with E, “part of the first floor of the instant building” from April 28, 2010 to April 27, 201, setting the lease deposit amount of KRW 25,000,000, monthly rent of KRW 500,000, from April 27, 201, and E submitted it to the tax office with the lease agreement for “D.”
On May 29, 2012, the Defendant drafted a lease agreement (Evidence 1) stating that “part of the first floor of the instant building” shall be leased KRW 12 months from June 1, 2012, KRW 25,000,000 from the lease term, KRW 700,000 from the monthly rent, and the Plaintiff submitted it to the tax office with the lease agreement for “D”.
E. However, the Plaintiff entered into the above lease contract with the actual lease deposit amount of KRW 25,00,000, monthly rent of KRW 1,500,000,00. Thus, from June 1, 2012, the Plaintiff’s monthly rent of KRW 1,50,000 and the monthly rent of KRW 1,50,000 for the Defendant while operating the “D” from June 1, 2012.