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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 9, 2012, the Plaintiff leased KRW 104,00,000,000 per deposit and KRW 2,80,000 per month from the Defendant for the fixed amount of KRW 50,000,000 for the fixed amount of KRW 104 (hereinafter “instant shopping district”). The Plaintiff paid the previous lessee KRW 230,000 as premium.
Since then, the rent on the instant commercial building has been increased as KRW 3080,000,000,000 on March 6, 2013, along with the renewal of the lease contract, and KRW 340,000,000 on March 6, 2014, respectively.
B. On April 2014, 2014, Estecom Co., Ltd. (hereinafter “Nonindicted Company”) expressed to the Plaintiff the intent to rent the instant commercial building, and the Plaintiff demanded the Defendant to terminate the lease agreement on the instant commercial building and replace the lessee with the Nonparty Company.
C. The Defendant did not file a tax return on monthly rent while leasing the instant commercial building, but did not comply with the Plaintiff’s request on the ground that when concluding a lease agreement with the Nonparty company, it would pay the tax on rent. The Defendant demanded the Defendant to pay KRW 51 million for the transfer of the tax to be additionally borne by the Defendant.
On May 30, 2014, the Plaintiff paid KRW 30 million to the Defendant. At that time, the Defendant terminated the lease contract with the Plaintiff and concluded the lease contract with the Nonparty Company for the instant commercial building.
The Plaintiff collected premium of KRW 230 million from the non-party company.
[Basis for Recognition: Each entry in Gap evidence (including partial numbers) and the purport of the whole pleadings]
2. While the Plaintiff’s assertion was paid KRW 2.8 million to KRW 3.4 million per month by the Plaintiff, the Defendant demanded the Plaintiff to prepare a double contract without an agreement on the payment of rent and caused the tax evasion by entering into a new lease agreement with the Nonparty Company, and was paid KRW 30 million by the Plaintiff on the ground that the contract was terminated. The agreement on the payment of KRW 30 million is concluded.