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1. The Defendant (Counterclaim Plaintiff) paid KRW 22,374,800 to the Plaintiff (Counterclaim Defendant) and its related amount from September 3, 2013 to July 14, 2015.
Reasons
1. Basic facts
A. On June 23, 2001, C, the former husband of the Plaintiff, entered into a lease agreement with the Defendant’s husband D for the building and its ancillary facilities (hereinafter “the leased object of this case”) located in the Daegu North-gu E [Road Name Address: Daegu North-gu F] located in G (H referred to as “H”) (hereinafter “the lease object of this case”), 40,000,000, monthly rent of KRW 2,000,000, and the lease period from June 23, 2001 to June 22, 2003, and thereafter made a lease agreement with the Defendant’s husband, and thereafter made a payment of the lease deposit, and thereafter made a business to receive the lease object of this case.
On October 25, 2008, C (Lessee) concluded a lease agreement (No. 4 and 9) with the Defendant (Lessee) as follows.
Part: The area of land - approximately 100 square meters for all annexed land, such as a restaurant and 300 square meters for a cafeteria building - the lease period of approximately 100 square meters for a cafeteria building - Article 2: the lease period of about 200 square meters from October 25, 2008 to October 24, 2010: the lessee shall restore the above real estate to its original state at the lessee's expense and deliver it to the lessor, and if the lease contract expires or if it is not restored to the above real estate and its accessory facilities during the use period, the amount shall be calculated by deducting the above amount from the deposit.
Article 6:The lessee shall not install any incidental facilities to raise and cultivate livestock, crops, etc. without the consent of the lessor.
Article 7:The lessee shall pay a fine for negligence on the illegally extended or reconstructed space which was not permitted by the competent Gu/Si/Gun office.
Article 8:If the whole or part of the leased real estate is not used due to public projects, such as the Government or Daegu City, within the lease term, the lessee may not request the lessor to compensate for any loss incurred by the business and facilities related thereto, and the lessee shall not be involved in any compensation within the given real estate.
Article 10:Damage, such as dust, etc. is very likely to be caused by the gravel wear of the floor of the parking lot.