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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
The main lawsuit and counterclaim are also examined.
1. The facts below the facts of recognition do not conflict between the plaintiff and the defendant, or can be acknowledged in full view of the facts alleged in this court, Gap evidence Nos. 1 to 20, 22 (including paper numbers, and evidence No. 16, as evidence No. 4-4), Eul evidence No. 2, 6, and 7, and the whole purport of arguments.
B B entered into a lease agreement (hereinafter “instant lease agreement”) between D and D on July 16, 2009, between D and D, with respect to about about about 45 square meters of the first floor of the Seoul FF in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the lease agreement was concluded between July 31, 2009 to July 30, 201 (24 months), and the monthly rent of KRW 250,000 (value-Added Tax separate) and the lease deposit was paid, and thereafter, occupied and used the restaurant under the trade name of “G” after delivery of the leased object.
The instant lease agreement was implicitly renewed, and on July 25, 2012, the lease deposit was extended to July 24, 2014 (24 months) and the lease term was extended to July 24, 2014 (hereinafter “the instant lease agreement”). Around July 22, 2014, B ordered D the lease building near the expiration date of the lease term, but the lease deposit was not settled.
B. The Plaintiff’s loan claim and security deposit refund contract (i.e., the Plaintiff’s loan claim and security deposit refund contract) lent KRW 20 million on July 30, 2009, and KRW 25 million on August 10, 2009 to B and I, their denial, and the Plaintiff borrowed KRW 25 million on August 10, 201, and the Plaintiff borrowed KRW 80 million on November 5, 2010 to B and I, and on that day, was drafted and issued a loan certificate and receipt, “the leased principal amounting to KRW 80 million on July 30, 201, interest rate of KRW 20 million on July 30, 201, KRW 30 on July 5, 201, and KRW 5 million on the date of interest payment.”
(hereinafter “The instant loan claim”). The Plaintiff also affixed the B of November 5, 2010, on which the said loan certificate, etc. was issued.