1. As to the Plaintiff (Counterclaim Defendant)’s KRW 57,200,000, and KRW 4,400,000 among them, the Defendant (Counterclaim Defendant)’s payment to the Plaintiff (Counterclaim Defendant) on June 1, 2019.

In the following cases, the main lawsuit and counterclaim are also examined.

1. Basic facts

A. From February 1, 1985 to May 31, 2018, the Plaintiff is a lessor who leased the above ground buildings and hepatitiss to the Defendant, and the Defendant is operating a sun-dried salt processing business with the trade name “E” from June 1, 2018 to May 31, 2018.

B. On May 28, 2018, the Plaintiff entered into a lease agreement with the Defendant on a monthly rent of KRW 4,000,000 (excluding value-added tax) for the land buildings and salting machinery (hereinafter “the leased object of this case”) in Seongdong-gu, Seongbuk-gu, Sungnam-si, and the lease agreement for three years from June 1, 2018 to June 1, 2021 (hereinafter “instant lease agreement”). Article 3 of the instant lease agreement provides that “the Plaintiff is not involved in the Defendant’s management and all issues arising from the management are liable to the Defendant,” and Article 6 provides that “In the event of the instant lease agreement, the Plaintiff compensates the Defendant for the total amount paid for one year to the Defendant for the lease period.”

C. Meanwhile, around July 2018, the Plaintiff and the Defendant entered into a contract on the transfer and acquisition of environmental pollution emission facilities and prevention facilities, etc. (Evidence A8) with respect to the nature of the incidental contract under the instant lease agreement. The said contract states that “the Plaintiff shall have all rights and obligations (liability upon occurrence of civil or criminal charges) upon the transfer and acquisition of all environmental pollution emission facilities (discharge facilities, prevention facilities, permission, etc.), obligation to pay administrative disposition, etc. (discharge dues, administrative fines, etc.) to the Defendant under mutual agreement.”

The defendant, on July 26, 2018, changed the subject of wastewater discharge facilities from the plaintiff (D) to the defendant (E) in accordance with the instant lease agreement, to the Gyeonggi-do Governor on July 26, 2018.