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1. The Defendant (Counterclaim Plaintiff) receives KRW 23,800,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 7, 2015, the Plaintiff and the Defendant entered into a contract to establish a lease and lease on a deposit basis of this case. On September 7, 2015, the Plaintiff and the Defendant enter the real estate indicated in [Attachment 1] as real estate to the Defendant for the Defendant’s hotel business
B) 400,000,000 won for rental deposit, from September 15, 2015 to September 15, 2018 for rental deposit, from September 15, 2015 to September 15, 2018; 30,000,000 won for rent and August; and 6,00,000 won for the remainder of the month excluding July and eight months, respectively (the payment after September 15, 201, value-added tax; hereinafter the same shall apply); and
2) A lease agreement is determined and leased (hereinafter “instant lease agreement”).
In concluding a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) at the same time, the contract to establish a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) for KRW 400,000,000.
(2) The Plaintiff also concluded a lease contract of this case. (2) At the time of the conclusion of the lease contract of this case, the Plaintiff received a deposit of KRW 400,000,000 from the Defendant, and completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) on September 15, 2018 with respect to the instant real estate as the receipt of No. 22747, Nov. 9, 2015, including the branch court of the Jeonju District Court, for a deposit of KRW 400,000,000,000, from the Defendant.
B. The Defendant’s hotel business and partial arrears 1) pursuant to the instant lease agreement: (a) the Defendant operated hotel business on the instant real estate from September 15, 2015 to September 15, 2018; (b) the Defendant paid KRW 6,00,000 (the rent from September 15, 2015 to October 14, 2015) out of the rent to be paid to the Plaintiff under the instant lease agreement; (c) the Defendant did not pay only the remainder of the rent from October 15, 2015 to October 16, 200 (the rent from October 15, 2015 to November 14, 2015) (the rent from October 15, 2015 to November 14, 2015).
Specific details of arrears in the rent are as shown in attached Form 2.
(c).