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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant: (a) leased the first floor and the underground floor part of the building located in Gangnam-gu Seoul Metropolitan Government E from the Industrial Bank of Korea to operate the marina; (b) lent the said marina part to the Plaintiff in early 2007; and (c) at all times, the Plaintiff A operated the marina (hereinafter “instant marina”) with the Plaintiff B, who is a siblings, as well as the Plaintiff B.
B. In around 2012, the Industrial Bank of Korea, the owner of the above building, did not directly operate the instant marina and sublet it to the Plaintiff, and on August 7, 2012, the Plaintiff entered into a management delegation contract with the content that “A shall operate the instant marina on August 9, 2012, and pay KRW 4.5 million to the Defendant as monthly salary, and KRW 15 million to raise the Defendant’s remuneration, and KRW 300,000,000,000,000 to KRW 25 million,000,000,000,000,000,000 won to KRW 2 years thereafter, and the contract period shall be two years.”
C. After that, on August 11, 2014, as the contract was renewed between Plaintiff A and the instant legal entity, the content of the contract was modified to the effect that “Plaintiff A shall pay KRW 5 million to the Defendant monthly salary, and the delegation contract shall be automatically terminated as of July 30, 2017.”
On the other hand, in the store where the instant marina is located, the co-ordiner of the instant refined landing point was entered into with the instant corporation and the Defendant on the grounds that the Defendant would use the refined landing point free of charge from August 3, 2012 to August 2, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 1 and 3, part of the witness of the first instance court, the purport of the whole pleadings
2. Determination on the main claim
A. On February 12, 2007, Plaintiff A1 loaned KRW 10 million to the Defendant.