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1. The Defendant (Counterclaim Plaintiff) shared KRW 117,759,190 with respect to the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) On January 30, 2012, the Plaintiff entered into a lease agreement with the Defendants on January 30, 2012, the real estate indicated in the separate sheet (hereinafter “instant real estate”).
) A lease deposit is leased at KRW 80 million, monthly rent of KRW 32 million (excluding value-added tax), and during the lease period from January 30, 2012 to January 29, 2014 (hereinafter the above lease contract is referred to as “instant lease contract” and its lease deposit is referred to as “the instant lease deposit.”
(2) On March 30, 2012, the Plaintiff delivered the instant real estate to Defendant B on March 30, 2012, as the receipt of the Namdong District Court registry of the Incheon District Court, KRW 80 million, KRW 32 million, the end of each month of the payment of rent, the end of January 30, 2012, the period from January 30, 2014 to January 29, 2014, and the registration of the establishment of the right of lease as the lessee B (hereinafter “registration of the establishment of the right of lease”).
3) The Plaintiff filed a petition against the Defendants as Incheon District Court 201Da388, and on April 30, 2012 in the instant case, the Plaintiff may terminate the instant lease agreement if the overdue interest of the Defendants was paid to the Defendants on the monthly rent of two months. On the termination of the instant lease agreement, the Defendant may terminate the instant lease agreement. Upon the termination of the instant lease agreement, the instant protocol of compromise containing a settlement clause that promptly deliver the instant real estate to the Plaintiff (hereinafter “instant protocol of compromise”).
(B) The Plaintiff was drafted. (b) The notice of termination and delivery enforcement 1) The Plaintiff was not paid the Plaintiff the rent of KRW 1 million among the rent of November 2012 and from April 2013. On June 2013, 2013, the Plaintiff expressed to the Defendants the intent to terminate the instant lease agreement, and the Defendants discontinued the G operated on the instant real estate on June 30, 2013.
2) Even after the Plaintiff’s failure to receive the instant real estate from the Defendants, the Plaintiff completed the delivery execution of the instant real estate on August 8, 2013 pursuant to the instant protocol of conciliation.
(c) Reinstatement;