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1. The part of the judgment of the first instance, including the main claim extended by the Plaintiff (Counterclaim Defendant) in the trial, is as follows.
Reasons
1. In the trial prior to the remanding of the scope of the trial of this court, the plaintiff filed a claim against the defendant as the principal claim for damages due to overdue rent and illegal acts. The defendant, as the counterclaim, filed a claim against the plaintiff for a counterclaim, a lease deposit, beneficial cost, tax payment, each claim for refund of rent unjustly paid, each claim for damages due to the issuance of a tax invoice, and the claim for return of unjust enrichment against the party in arrears. The entire portion of the claim for a counterclaim is accepted and the claim for return of the rent in arrears was partly accepted, and all of the claim for a counterclaim was dismissed. As to this part against the plaintiff against the plaintiff, the defendant filed a final appeal against the part against the defendant in the lawsuit against the plaintiff. The part concerning the claim for damages and the claim for return of unjust enrichment in the principal lawsuit against the plaintiff was reversed, and remanded to the court in the final appeal, and sentenced to the dismissal of the defendant's appeal by the defendant, the part concerning the claim for a counterclaim and the claim for return of unjust enrichment in the principal lawsuit becomes final and conclusive.
2. Basic facts
A. On March 30, 1998, the Plaintiff leased the lease deposit amounting to KRW 1,00,000,000, monthly renting KRW 1,400,000 (payment on April 13), and the lease period from April 1, 1998 to September 30, 1998 to the Defendant.
(hereinafter “instant lease agreement”). B.
Under the instant lease agreement, the Defendant paid the lease deposit to the Plaintiff, and used the instant land as a cargo garage with 30 vehicles loaded into H (hereinafter “H”) by the Defendant, a transportation business entity, which is operated by the Defendant, as a cargo garage, and the instant lease agreement has been extended by a special agreement that the contract period shall be extended without any special notice.
C. The Defendant paid all rents to the Plaintiff up to November 13, 2009, however, the rent was paid to the Plaintiff.