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1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
However, the plaintiff did not file an appeal as to the main lawsuit of the judgment of the court of first instance. Since the defendant filed an appeal only for the part against the defendant among the main lawsuit of the judgment of the court of first instance, the part against the plaintiff as to the main lawsuit of the judgment of first instance, "the claim for refund of value-added tax of 3.2 million won, which is the part against the plaintiff as to the main lawsuit of the judgment of first instance, was confirmed and
1. Basic facts
A. A. Around January 2002, the Defendant entered into a lease contract with the Plaintiff on the attached list owned by the Plaintiff (hereinafter “instant commercial building”) at KRW 40,00,00, monthly rent of KRW 2,700,00 (hereinafter “value-added tax separate”) and at KRW 2,700,00 (hereinafter “value-added tax separate”) and at KRW 10,100,000, from January 10, 2002 to January 10, 2004, the lease contract was renewed several times, operating the beauty room in the instant commercial building and renewed the said contract. While the lease deposit did not change to KRW 40,00,00, KRW 2,90,000 on January 1, 2004, KRW 30,000 on October 30, 1000, KRW 3010,301,301,2030,3010; and
B. After January 27, 2015, the Defendant renewed the lease agreement with the Plaintiff with the terms of lease deposit of KRW 40,000,000, monthly rent of KRW 4,000,000, and the term of lease from January 10, 2015 to January 9, 2017.
(hereinafter referred to as “instant lease contract”). C.
As the term of lease expires on January 9, 2017, the Plaintiff terminated the instant lease contract to the Defendant on October 18, 2016.
‘A’ shows the content certification. D.
On October 9, 2017, the Defendant, while continuing the instant lawsuit, handed over the instant commercial building to the Plaintiff, and paid KRW 35,200,000 to the Plaintiff on or after January 10, 2017, which was the expiration date of the instant lease contract.
E. The defendant is in the commercial building of this case.