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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 9,00,000,000 with full payment from June 15, 2013.
Reasons
1. Basic facts
A. The Plaintiff’s lease, etc. 1) On July 30, 1996, from C to Yongsan-gu Seoul Metropolitan Government Building D’s land size of 23 square meters (hereinafter “instant building”) among the buildings owned by Yongsan-gu Seoul Metropolitan Government D.
(2) On October 11, 2006, the Plaintiff filed a lawsuit seeking unjust enrichment against C as Seoul Western District Court Decision 2006Da214252, and on March 29, 2007, the Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 3 million on January 31, 2007, setting the deposit of KRW 4 million, monthly rent of KRW 400,000,000,000 for five years from February 10, 2007. The Plaintiff confirmed that the lease contract was terminated in the event that the monthly rent is delayed for at least three months.”
B. Around December 15, 2009, the Plaintiff sub-leaseed the instant building to the Defendant with the consent of C, by setting the deposit amount of KRW 9 million, KRW 800,000 per month, and the lease period from December 15, 2009 to April 10, 2013. The Defendant around that time paid the deposit amount of KRW 9 million to the Plaintiff.
C. On February 22, 2013, the Defendant entered into a lease agreement between the Defendant and C with respect to the instant building: (a) the deposit of KRW 3 million; (b) the monthly rent of KRW 800,000; and (c) the term of lease from April 1, 2013 to March 31, 2015.
(1) On March 21, 2013, the Plaintiff filed an application for payment order with the Seoul Western District Court No. 2013 tea2552, the Plaintiff filed a fire against C around March 21, 2013 (referring to a fire on or around March 200, a 13-year period).
(C) On March 2000, the judgment dismissing all of the Plaintiff’s claim for damages due to a fire, etc. on the part of the Plaintiff, as follows: (a) the equipment loss and suspension of business; (b) C’s past life-sustaining lawsuit (Seoul Western District Court 2001Kadan22034; (c) the Seoul Western District Court 2002Na3395; and (d) the Seoul Western District Court 2002Da54806, etc.
by subsection (b).