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1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) from February 15, 2014, KRW 398,262,271 to the Plaintiff (Counterclaim Defendant) and its amount.
Reasons
In this case, the plaintiff, as the principal lawsuit, sought payment of the unpaid rent, management fee, and overdue interest for the store leased by the plaintiff to the defendant company, and sought restitution from the defendant B and C due to the cancellation of the sales contract and the cancellation of the transfer registration on the ground that the relevant apartment sales contract between the defendant B, C and the defendant company is a fraudulent act.
The defendant company is seeking the payment of damages to the plaintiff as a counterclaim on the ground that the defendant suffered losses due to the violation, such as changing the calculation method of unfair management expenses and increasing management expenses
In fact, the Defendant Co., Ltd. (hereinafter referred to as “Korean Co., Ltd.”) entered into a lease agreement with Hanwon on September 26, 2008, under which the lease deposit amount was KRW 300,000,000 for the net sales, or KRW 80,000 for the monthly rent (excluding value-added tax) for KRW 300,00,000 for the 7th floor and 701 through 709 from among the buildings on the ground of Hanwon-gu and Seoul Special Metropolitan City D and 4, and the lease agreement was concluded between Hanwon and Hanwon-gu and Seoul Special Metropolitan City.
Since November 19, 2008, the fee rate of rent to be applied for one year was changed by 7% and the minimum amount of guarantee was changed by 25 million won.
On December 1, 2009, the Defendant Company and Hanwon Co., Ltd. agreed to change Lesto F’s brand from “F” to “G” and to pay the fixed rent of KRW 1 million per month instead of reducing the rental deposit from KRW 300 million to KRW 200 million.
On December 10, 2009, the term of lease was changed with the collection of 7,500 won per square meter, and the rate of monthly rent was 9% and the minimum amount of guarantee was 30 million won after October 1, 2010.
The National Bank of Korea (hereinafter “National Bank”)’s lease bank of a Co., Ltd. (hereinafter “National Bank”) completed the registration of ownership transfer of the instant building on December 30, 201 and around April 201, the monthly general management expenses between the Defendant Company and KRW 17,847,00 (7,500,000) shall be KRW 18,739,350 (7,500,000).