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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from 15,180,000 to 15,180,000 won from the Plaintiff (Counterclaim Defendant) as indicated in the attached Table from August 1, 2015.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet was owned by the father E, and the Defendant entered into a lease agreement with E and the store listed in the order of Paragraph (1) (hereinafter “instant store”) on February 4, 2010, and determined the deposit amount of KRW 10 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the term of lease from February 26, 2010 to February 25, 2015 (60 months).
B. On May 1, 2013, the Plaintiffs completed the registration of ownership transfer on the ground of donation with respect to the real estate listed in the separate sheet, and on the same day, the Plaintiffs succeeded to the said lease and concluded the said lease agreement with the Defendant and the said lease agreement, deposit, monthly rent, and the same lease termination date (hereinafter “instant lease agreement”).
C. Upon the request of E and the Plaintiffs, the Defendant prepared a package contract in which the deposit or monthly rent was less, and thus, the Defendant did not refund the value-added tax amount during the lease period amounting to KRW 4.6.8 million, and the Defendant paid KRW 500,000 for the toilet installation cost at the request of the Plaintiffs.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, appraiser F's appraisal result, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Since the lease contract of this case was terminated, the defendant received the amount of monthly rent from the plaintiffs, such as lease deposit, value-added tax and toilet installation cost, etc., which the defendant unfairly borne by the defendant, and at the same time deliver the store of this case to the plaintiffs.
B. (1) According to the fact that the instant lease contract was terminated on February 25, 2015, the Defendant deducted the amount calculated by deducting the amount calculated by the ratio of KRW 1,30,000 per month from August 1, 2015 to the completion date of delivery of the instant store, from the Plaintiff’s KRW 1,680,000, value-added tax and KRW 5,5180,00,000, in total, and KRW 1,5180,000, which was borne by the Defendant without any legal cause.