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1. The Defendant (Counterclaim Plaintiff) paid KRW 121,020,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 13, 2014 to November 4, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. C (one-person D) leased the first floor of building F in Jung-gu Seoul, Jung-gu, Seoul, to KRW 55 million and operated a G entertainment room (hereinafter “instant entertainment room”).
B. Around November 5, 2005, the Defendant, who had a total of KRW 150 million claim against C, ordered C to receive the instant entertainment room as security, and accordingly, the lessee of the instant game room was changed to the Defendant.
C. Subsequent to this, C, who actually operated the entertainment room of this case, proposed that the Plaintiff and the Defendant have 50 million shares in the entertainment room of 50 million won in order to provide the Plaintiff with the instant entertainment room as security. The Plaintiff and the Defendant confirmed on December 16, 2005 that the Plaintiff and the Defendant have 50:50 shares in all of the deposits and rights of the entertainment room of this case (the above matters correspond to 300,000,000 won of the amount of the claim, interest shall be interest).
C Even after December 16, 2005, after substantially operating the entertainment room of this case, C renounced all the deposit money and facility rights to the entertainment room of this case on January 24, 2007.
Accordingly, H decided to disburse rent, management fee, etc. with the consent of the defendant, and operated the entertainment room of this case from May 2008 to November 20 of the same year.
E. Then, around August 2009, the Defendant transferred 25% of its shares in the instant entertainment room to I and operated the instant entertainment room at KRW 50 million. However, since I did not long run, the entrance of the entertainment room was closed due to the crackdown. Accordingly, the rent and the management fee of the instant entertainment room were overdue, and the rental deposit amount of KRW 5 million was fully deducted.
(f).