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1. The part concerning the merits of the judgment of the first instance, including the part of the claim joined in the trial, is as follows.
Reasons
The principal lawsuit and counterclaim, including the second case, shall also be deemed to be filed together.
1. In the first instance court of the first instance of the first instance of the first instance, the Plaintiff sought payment of the amount equivalent to KRW 9,600,000 which was paid by the Defendant on the ground that the Defendant did not pay the equipment and facility usage fees of a store with eight months. ② The Defendant asserted the ownership of the equipment, and ② the Defendant claimed payment of KRW 1,384,000 due to the failure to recover the equipment and the compensation for mental damage arising therefrom for 16 months experienced by the Plaintiff, and the amount of KRW 9,016,00 due to the items which were not recovered on November 8, 2017, and the amount of KRW 1,384,00 due to the items which were fixed at the time of collection of equipment and facilities. The first instance court partly accepted the Plaintiff’s claim in relation to the above part, and dismissed the remainder of the Plaintiff’s claim in relation to the above part. Accordingly, the Plaintiff appealed only against the Defendant.
2. Basic facts
A. On October 10, 209, the Plaintiff leased the building E located in Seocho-gu Seoul Metropolitan Government, and installed facilities and equipment inside the said building and operated a car page with the name of “F” (hereinafter “instant store”). The term of the said lease agreement was extended by November 9, 2015.
B. Around February 2015, the Plaintiff agreed with the Defendant to have the instant store used, including facilities and equipment, until the end of August 2015, when the Defendant bears KRW 1,200,000 per month under the pretext of monthly rent, management fee, etc. of the instant store. However, if the Defendant wishes to take over the instant store, the Plaintiff agreed to have the facility and equipment transferred after agreement with the Plaintiff on the facility and equipment fee, premium, etc.
C. Accordingly, the Defendant paid money from March 2015 to October 2015 under the name of monthly rent and management expenses to the Plaintiff.