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1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal claim and the Defendant (Counterclaim Plaintiff)’s change in exchange with this court.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) was established on October 28, 2013 and operated by representative G. On September 3, 2014, E acquired the business and took office as a shareholder and company director and representative of D. Around April 24, 2015, D’s permission for interim recycling business was subject to a change in the name of representative, etc.
B. On September 23, 2014, the Plaintiff prepared a lease agreement (hereinafter “the first lease agreement between the Plaintiff and E”) with respect to real estate listed in the separate sheet (hereinafter “instant real estate”), setting the lease deposit amount of KRW 40 million, KRW 3700,000 per month, and the lease term of KRW 3.7 million per month, from April 1, 2015 to March 30, 2018, and the lessee’s column is as follows.
The name and resident registration number of the lessee: H Address: The I telephone number of Kimhae-si: J
C. On April 10, 2015, the Plaintiff prepared a lease contract stating that “The lease period shall be from April 1, 2015 to March 30, 2018” (hereinafter “notarial lease contract between the Plaintiff and E”) with respect to the instant real estate and that “E” was notarized by a notary public under the notarial deed No. 1362 on April 10, 2015. The said notarial lease contract does not contain any deposit money or rent, etc., and the tenant’s column is written below.
Lessee D Representative Director E Address, Inc.: Kimhae-si I
D. On October 30, 2015, the Plaintiff drafted a new lease contract (hereinafter “second lease contract between the Plaintiff and E”) with the lease deposit amount of KRW 30 million per month, KRW 3.2 million per month, and the lease term of the Plaintiff changed from October 30, 2015 to September 29, 2017, respectively, from October 30, 2015 to September 29, 2017. The lessee’s column is as follows.
The name and resident registration number of the lessee: H Address: F in Kimhae-si and two parcels: J
E. D on January 10, 2016, D is owned by D’s waste disposal facility permission and its ownership to LO operated by the Defendant.