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1. The Defendant (Counterclaim Plaintiff) building from KRW 40,00,000 to KRW 40,000 from the Plaintiff (Counterclaim Defendant) as indicated in the attached Table from January 5, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 5, 2011, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit is KRW 40 million, monthly rent is KRW 80,000,000, and the lease term is one year (hereinafter “instant lease agreement”).
B. According to the instant lease agreement, the Plaintiff received the foregoing lease deposit from the Defendant and delivered the instant store to the Defendant on August 5, 201, and the Defendant operates the mutual convenience point of “C” at the instant store from the same date to the date of closing argument.
C. The instant lease agreement was renewed by the same date until August 5, 2015. On July 5, 2016, 2016, the Plaintiff sent a content-certified mail to request the instant store to be named until August 6, 2016, because it is difficult for the Plaintiff to extend the instant lease agreement to the Defendant on July 5, 2016, which was the date five years have passed since the total lease period was extended.
On July 11, 2016, the Defendant entered into a premium contract with D on the instant store, and the main contents thereof are that D pays 85 million won to the Defendant, and the Defendant cooperates with D on good offices so that D can enter into a lease contract with the Plaintiff on the instant store.
Accordingly, on July 11, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “The Defendant would conclude a contract with a new lessee and transfer the instant store to a new lessee by notifying the time and place to telephone during the period from July 15, 2016 to July 20, 2016.”
However, around July 15, 2016, the Plaintiff expressed to F the person F in charge of the instant store, who is an employee of E, the Plaintiff, by telephone, the intent to refuse the contract with C convenience store, and requested the Defendant to deliver the instant store again.