Text
1. Of the counterclaim against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff), KRW 2,483,143 and damages for delay.
Reasons
1. Basic facts
A. (i) The Plaintiff, along with the counterclaim Defendant B, planned to construct a 3-story building on the land surface E (hereinafter “instant building”) on the ground level, and the 3th floor was to construct the outer wall without roof.
around December 20, 1997, Defendant C contracted the construction work of the building at KRW 40 million to Defendant C.
(hereinafter “instant new construction contract”). The first floor of the instant building was divided into two partitionss and two partitionss in the store owned by the Plaintiff and the counter Defendant B, and the second floor was divided into one column in the store owned by the Plaintiff and the counter Defendant B, respectively. The structure of the first floor is as follows.
Plaintiff
(b) the first floor structure of the counterclaim Defendant B owned by the Plaintiff (b) and the first floor structure of the counterclaim Defendant B, on the other hand, the Plaintiff and the counterclaim Defendant B and the Defendant C have formed a complex monetary relationship, including the claim and obligation for the said construction cost, and they agreed to adjust them by converting them into the lease agreement relationship on the instant building.
Around August 5, 1999, the Plaintiff: (a) as the lessee, F by finding the above Defendant’s wife with Defendant C; and (b) as the lessee, the lease deposit was increased to approximately KRW 60 square meters on the part (a) and (b) of the first floor of the instant building by KRW 20 million around August 5, 2001;
The lease term is two years, while the counterclaim Defendant B, as the lessee, had his wife G between Defendant C on the same day, and the lease deposit was increased by 22 million won around August 5, 2001 to 28 million won as the lease deposit for the part of (c) part of the building of this case among the buildings of this case, on the one hand, about 60 square meters among the buildings of this case.
The term of lease is set up in two years, respectively, but it was decided to substitute the payment of each lease deposit with the contract price claim of Defendant C.
(v) as well as Defendant C’s written confirmation that “on the same day, the Plaintiff and the counterclaim Defendant B received the payment of the construction cost in full, and will repair the defects of the instant building by September 30, 1999.”