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1. The Defendant (Counterclaim Plaintiff) pays KRW 58,243,549 to the Plaintiff (Counterclaim Defendant).
2. The remainder of the plaintiff (Counterclaim defendant).
Reasons
1. Facts of recognition;
A. The defendant company is a party. The defendant company is a party to each of the above ground buildings C and D (hereinafter "the building of this case").
2) The Plaintiff is the owner of the instant building and operated a restaurant with the trade name “F” in the instant real estate as a lessee of the E-paragraph (hereinafter “instant real estate”).
B. On March 22, 2012, the Plaintiff entered into a lease agreement stipulating that the part of the instant building G, among the instant building, KRW 20 million, monthly rent, KRW 100,000,000 from March 26, 2012 to March 25, 2014. (2) The Plaintiff and the Defendant Company agreed to change the leased object into the instant real estate in the part of the instant building, and concluded a lease agreement stipulating that the instant real estate shall be leased from May 20, 2012 to May 20, 2012 (hereinafter “instant lease agreement”).
3) On July 9, 2012, the Plaintiff registered the instant real estate with the trade name “F” and started to operate the restaurant in the instant real estate. (c) The reason behind the instant loan was that H, a person having the right to lease of the instant real estate, was unable to receive a refund of KRW 40 million out of the deposit money of KRW 70 million from the Defendant Company, and on April 4, 2012, filed an application for voluntary auction on the instant building with the Jeonju District Court I on April 4, 2012, and the said court rendered a decision to voluntarily commence the auction on April 5, 2012.
2) On or around June 29, 2012, the Plaintiff secured K-owned real estate (referring to 800 square meters, Ma 6598 square meters, which is the spouse of J (hereinafter “instant loan”) with the amount of KRW 40 million from the NM as security (hereinafter “instant loan”).
(3) After receiving a loan, on July 3, 2012, H paid KRW 40 million to H, and H voluntarily withdrawn an application for a security deposit on the same day. 3) After paying the security deposit to H, the Plaintiff and the Defendant Company provided a certificate of No. 1.