1. The Defendant (Counterclaim Plaintiff) paid KRW 26,836,551 to the Plaintiff (Counterclaim Defendant) and its related amount from November 1, 2015 to January 20, 2016.

1. Basic facts

A. The Plaintiff is the managing body of the “D store” commercial building located in Gyeyang-gu, Seoyang-gu (hereinafter “instant commercial building”) and the owner of the 5040 shop of the 5040th fifth floor of the instant commercial building (hereinafter “instant 5th floor store”). The Defendant is the owner of the instant 4050, 4067, and 4068 store of the instant 4th floor (hereinafter “instant 4th floor store”).

B. From March 201, the Plaintiff used the instant 4th floor store (sublet to a third party) and the Defendant operates the instant 5th floor store with the trade name “E” in the instant 5th floor store.

C. On September 2010, the Plaintiff was the owner of the store No. 1016 of the 1st floor of the instant commercial building (hereinafter “instant 1st floor store”) and leased the said store from the Defendant Makman F with the said store set at KRW 10 and KRW 784,420 for the said period.

F transferred the above rent claim against the plaintiff to the defendant and notified the plaintiff.

[Ground of recognition] Gap evidence 2 (the defendant's signature and seal, which is the F's agent, are presumed to be the authenticity of the document. The defendant's signature and seal are only affixed to the defendant's signature and seal, and the contents are asserted to have altered Gap 2's evidence by arbitrarily stating the plaintiff's contents in the form of a lease contract which was a public letter, but the above assertion is without merit as determined by the following subparagraph 3-B(3).), Eul evidence No. 5

2. The parties' assertion

A. The Plaintiff and the Defendant, around March 201, agreed that the Plaintiff leased the instant 4th floor store from the Defendant and the Defendant agreed that the Defendant leased and used the instant 5th floor store from the Plaintiff, but did not reach an agreement on the rent amount.

The plaintiff may claim the rent and management expenses of the 5th floor store in this case against the defendant, and the plaintiff is obligated to pay the rent of the 4th floor store in this case and the 1st floor store in this case.

Therefore, the defendant is charged with the rent of the fifth floor store of this case to the plaintiff.