beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 12,800,000 to the Plaintiff (Counterclaim Defendant) and the amount from February 14, 2014 to April 8, 2015.
Reasons
1. Basic facts
A. On October 19, 2012, the Plaintiff: (a) leased the instant site to the Defendant, Gangseo-gu Seoul Metropolitan Government and D (hereinafter “instant site”); (b) drafted a lease agreement with the lease deposit of KRW 10,000,000, monthly rent of KRW 2,300,000, contract term of KRW 19, October 19, 2012 to October 18, 2014; and (c) around that time, the Defendant paid KRW 10,00,000 to the Plaintiff.
B. The Defendant, with the trade name of “F” in Gangseo-gu Seoul Metropolitan Government, agreed to engage in the repair business of motor vehicles and their external appearance, and agreed to engage in the business with Nonparty G for the purpose of expanding the business, provided that the above lease contract was concluded for the purpose of using the business site.
C. The instant site is the floor of Jin soil at the time of the lease agreement, and is not containing electricity or water, and it was impossible to construct a building for maintenance business, etc., as long as its land category has not been changed.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 2
2. The parties' assertion
A. Although the Defendant did not pay the monthly rent after the contract, the instant site continues to be occupied and used.
Some of the rents in 2012 are unpaid, but that part shall not be claimed, and only the unpaid monthly rent in 2013 shall be claimed.
In other words, 24,300,000 won x 11 month x 25,300,000 won x 25,300,000 won x 24,30,000 won excluding 1,00,000 won paid on February 2, 2013 as the lawsuit in this case.
B. At the time of the Defendant’s assertion that a lease contract for the instant site was concluded, the Plaintiff and the Defendant considered the leased purpose, etc.: (i) the Plaintiff changed the land category so that the Defendant can construct a temporary building at least on the instant site; and (ii) the Plaintiff has taken measures to enable the use of electricity, water supply, etc.; (iii) the Plaintiff’s lease part of the instant site to another person after mutual consultation.