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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall attach 1 to the Plaintiff (Counterclaim Defendant).
Reasons
Basic Facts
On November 5, 2013, the Plaintiff entered into a lease agreement on the second floor of the instant building with the Defendant on KRW 20,000,000 (payment of KRW 10,000 per contract date, KRW 10,000,000 per each payment of KRW 10,000 per contract date, and KRW 1,400,00 per each payment on November 30, 2013) on the second floor of the instant building, and entered into a lease agreement (hereinafter referred to as “instant second floor lease agreement”) with the Defendant on November 30, 2013, under an agreement between the Defendant and the period of lease.
The Defendant paid KRW 20,000,000 to the Plaintiff according to the instant second floor lease agreement, and received delivery from the Defendant of the second floor of the instant building.
The Plaintiff entered into a lease agreement on the first floor of the instant building on April 1, 2014 with the Defendant on KRW 30,000,000 (one story 2 of the instant building) as to the lease deposit for KRW 10,000,000 per contract date, and KRW 10,000,000 on April 30, 2014, and each payment of KRW 10,000,00 on July 30, 2014, and KRW 1,200,000 (the last day of each month and the special agreement on value-added tax; hereinafter “the lease agreement”). From April 1, 2014 to April 1, 2016, the Plaintiff entered into the lease agreement with the Defendant (hereinafter “the instant floor”).
The Defendant paid the Plaintiff KRW 20,000,000, out of KRW 30,000,000,000 under the instant first floor lease agreement, which is the sum of KRW 10,000,000 on April 1, 2014, and KRW 10,000 on April 30, 2014, and was handed over by the Defendant to the Plaintiff.
The Defendant, who pays rent for the first and second floors of the instant building, shall be the rent for the second and second floors of the instant building, for the Plaintiff on December 2, 2013, for 1,400,000 won on December 2, 2013, for 1,400,000 won on December 30, 2013, for 1,400,000 won on January 29, 2014, for 1,400,000 won on March 3, 2014, for 1,40,000 won on April 1, 2014, and for 30,60,000 won on April 30, 200, for 30,60,000 won on April 1, 2014, and for 1,60,000 won on June 21, 2014;