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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The Plaintiff (Counterclaim Defendant) on 466.46
Reasons
1. Determination on the main claim
A. The Plaintiff asserted that the cause of the principal claim was first asserted as indicated in paragraph (1) below as to the cause of the principal claim. On May 25, 2012, the Plaintiff withdrawn the existing claim through the statement in the preparatory document as of May 25, 2012, and changed the cause of the claim into the assertion as described in paragraph (2) below. However, the Defendant did not consent thereto. Thus, on November 25, 2010, the Plaintiff determined on November 25, 2010 to add a new cause of claim as alleged in paragraph (2). (1) The Plaintiff agreed to lease the instant wedding, restaurant, and ancillary facilities (hereinafter “instant wedding”) to the Defendant, on June 10, 201, by setting the lease period from January 1, 2011 to June 30, 2011, and to renew the lease contract by six months prior to the expiration of the lease contract.
Defendant B entered into a lease agreement with the Plaintiff and registered business under the name of Defendant C, his own affiliated work, and operated wedding and restaurant business.
Although Defendant B decided to extend the lease contract for the instant wedding by December 31, 201, Defendant B did not pay the Plaintiff KRW 60,000,000 until May 31, 201, and did not comply with the Plaintiff’s request for the delivery of the instant wedding hall.
Therefore, the Defendants are obligated to deliver to the Plaintiff the building indicated in the attached list, and Defendant B is obligated to pay to the Plaintiff the amount calculated by applying the rate of KRW 3,33,000 per month equivalent to the Plaintiff’s share ratio (1/3) out of the unjust enrichment from July 1, 2011 to the time when the lease contract is terminated.
2. On October 2009, the Plaintiff leased the instant wedding to Nonparty D with the period fixed from October 31, 2009 to April 30, 2010, and without the Plaintiff’s consent, the instant wedding hall is leased to Nonparty D with the period fixed from October 31 to April 30, 2010.