1. The Defendant (Counterclaim Plaintiff) and the Defendants are KRW 87,450,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall also be deemed to have been filed.

Facts of recognition

On August 10, 2012, the Plaintiff leased to E a lease deposit of KRW 120,00,000, monthly rent of KRW 5,500,000, and the period from October 10, 2012 to October 9, 2017, one story of KRW 383 square meters (hereinafter “instant real estate”).

(A) On July 5, 2016, the term of the said lease agreement was changed from July 10, 2016 to July 9, 2018 (Evidence 4-1, 2016). The Defendant B decided to acquire the said lease right from E with the Plaintiff’s consent, and the Plaintiff and the Defendant B entered into a new lease agreement between the Plaintiff and the Defendant on April 13, 2018, that the Plaintiff leased the instant real estate from the date of the lease deposit to October 9, 2018.

(A) Evidence No. 7, hereinafter “instant lease agreement”). Defendant B occupied the instant real estate based on the instant lease agreement, and subleted the instant real estate to Defendant C and D, thereby having Defendant C and D operate a restaurant business with the trade name “F” in the instant real estate while paying the Plaintiff the monthly rent directly.

The Defendants continued to engage in two months after October 9, 2018 when the term of the instant lease agreement expires, and completed the business on December 9, 2018 and completed the business as it is, and completed the business.

The Defendants delayed the payment of KRW 32,50,000 (= KRW 5,050,000) in total, including the monthly rent of KRW 5,050,00 among the monthly rent of June 2018 and KRW 27,50,000 (= KRW 5,500,000) in total, and the monthly rent of KRW 27,50,000 from July 2018 to November 9, 2018.

[Grounds for recognition] According to the above facts-finding, Gap evidence Nos. 1 through 3, 7, 9, 11 (including the number of branch offices; hereinafter the same shall apply), the whole purport of the pleadings, and the claim for counterclaim, the lease contract of this case was terminated on October 9, 2018.