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1. The Defendant (Counterclaim Plaintiff) paid KRW 45,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 30, 2014 to October 12, 2016.
Reasons
1. Facts of recognition;
A. On March 24, 2008, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000,000,000 from March 24, 200 to March 23, 2013 with respect to the second, third, and fourth floor of the building located in Gangnam-gu Seoul, Seoul, which is owned by the Defendant (hereinafter “instant building”), and received delivery of the instant building by paying the lease deposit on the same day.
B. From December 2012, the Plaintiff and the Defendant provided an opinion on the issue of transferring the instant building to the Plaintiff or a third party and the amount of transfer thereof, but the termination date of the instant contract was not viewed as an opinion. On March 19, 2013, the Plaintiff terminated the electric use contract of the instant building, and left the instant building, but did not deliver the instant building to the Plaintiff on the ground that the Plaintiff did not receive a security deposit and premium, etc. from the Defendant.
C. Around March 27, 2013, the Defendant filed a lawsuit against the Plaintiff to seek delivery of the instant building as Seoul Central District Court Decision 2013Da84382, and the said court rendered a judgment on October 11, 2013 that “The Plaintiff has the obligation to deliver the instant building to the Defendant, as the instant contract has expired due to the expiration of the period of validity, and the Defendant also has the obligation to return the lease deposit to the Plaintiff, and both obligations are in the simultaneous performance relationship.”
On June 12, 2014, the Defendant appealed, but the Defendant was dismissed on June 12, 2014 (Seoul Central District Court 2013Na54481). While the Defendant appealed again, the Defendant dismissed the appeal on October 16, 2014 (Supreme Court Decision 201Da48255).
(hereinafter referred to as “instant final judgment”)