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1. According to the changed principal claim in the appellate trial, the Defendant (Counterclaim Defendant) is over KRW 150,000,000 to the Plaintiff (Counterclaim Defendant).
Reasons
1. On August 6, 2012, the Plaintiff entered into an agreement with the Defendant on August 6, 2012 that “The Plaintiff shall lease to the Defendant the lease deposit amount of KRW 200 million, monthly rent of KRW 15 million (excluding value-added tax, monthly rent of KRW 30,000 from August 6, 2012 to August 5, 2017)” (hereinafter referred to as “the lease of this case”), and the Plaintiff shall pay KRW 70,000,00 on the date of the contract, and the remainder KRW 130,000,000,000,000 on the date of the contract shall be appropriated for the expenses for the installation of the underground tank where the lessee of the instant gas station illegally altered its structure (hereinafter referred to as “instant installation agreement”).
On August 6, 2012, the Defendant paid KRW 70 million out of the lease deposit to the Plaintiff on August 6, 2012, and received the instant gas station to the Plaintiff, and thereafter, completed the instant facility construction, and completed the registration of petroleum selling business, such as the attached Table 2, for the operation of the gas station, around September 14, 2012.
On April 15, 2013, the Plaintiff and the Defendant agreed to terminate the instant lease and agreed to consult on the settlement of lease deposit (including the instant facility construction cost, etc.; hereinafter the same shall apply) that the Plaintiff returned to the Defendant. On April 15, 2013, C, an employee of the Plaintiff, divided 30 minutes of the settlement of the instant facility construction cost, etc. from the second floor of the Plaintiff’s office located in Sungnam-si, Sungnam-si, A around 15:00, and transferred KRW 114,258,040 to the Plaintiff’s agricultural bank account under the name of the Defendant, by dividing 30 minutes of the Plaintiff’s office from the second floor of the Plaintiff’s office located in Sungnam-si, Sungnam-si, A, an employee of the Plaintiff.
[Reasons for Recognition] The entry of Gap evidence Nos. 1, 3, 5, 8, 16 (including the number of copies; hereinafter the same shall apply) and the purport of the whole pleadings
2. To examine both a principal claim and a counterclaim;
A. The Plaintiff asserted the parties.