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1. The Defendant (Counterclaim Plaintiff) paid KRW 48,615,00 to the Plaintiff (Counterclaim Defendant) and its payment from March 26, 2017 to July 21, 2017.
Reasons
1. Determination as to the cause of the principal claim
A. On June 1, 2011, the Plaintiff had the period from June 1, 201 to 2013:
5. As of March 31, part 30 square meters of the factory located in the Seo-gu Busan Metropolitan City (hereinafter “instant factory”) used by the Plaintiff as its workplace (hereinafter “instant factory”) was leased at KRW 10 million, monthly rent of KRW 500,000,000, and the real estate lease agreement and the construction machinery lease agreement (hereinafter “the instant construction lease agreement”) was entered into between the Plaintiff’s smuggling 6, smuggling 2, and Ledil 1 (hereinafter “instant machinery”) to lease KRW 1,50,000 per month.
2) From June 1, 2011, the Defendant operated “D” in the instant plant, and used the instant machinery along with the Defendant-owned machinery. From January 1, 2017, the Defendant ordered the instant plant to the Plaintiff on the last day of January, 2017. (iii) Although the Defendant continued to pay the monthly rent of the instant plant from June 1, 201 to January 2017, the Defendant did not pay the machinery rent from the date when the instant contract was concluded to January 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 8, the purport of the whole pleadings
B. According to the above facts of determination, it is reasonable to view that the Defendant has maintained the real estate lease contract and the instant contract while occupying the instant factory and operating the enterprise, and therefore, the Defendant is obliged to pay the Plaintiff the Plaintiff the amount of KRW 102,00,000 for the mechanical fee of 68 months (from June 201 to January 201), and the unpaid electricity tax of KRW 108,115,000, and delay damages therefrom, barring special circumstances.
2. Judgment on the defendant's defense and counterclaim
A. One of the Defendant’s determination of de facto cancellation defenses is the first priority, and the instant contract is a processing contract, etc. which may cause the Defendant to make a sales by using the instant machinery from the Plaintiff.