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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Appendix 1, 2, 3.0
Reasons
1. The Defendant: (a) specified the part stated in the purport of the claim on March 17, 2010 from the Plaintiff as KRW 110,00,00,00 for the lease deposit; and (b) specified as KRW 7,260,00 for the lease period from March 1, 201 to February 28, 2017; and (b) specified as stated in the purport of the claim on December 15, 201 as KRW 5,00,00 for the lease deposit; and (c) specified as stated in the purport of the claim as KRW 1,10,000 for the lease period from February 28, 201 to February 28, 2017; and (d) the Defendant has not paid all the lease deposit to the Plaintiff from the leased object to February 28, 2017 to KRW 7,260,000 for the rent period from March 1, 2017 to February 14, 2014.
2. However, according to the evidence evidence Nos. 8 and 9, if the Defendant did not pay rent and management expenses (173,466,072) to the Defendant by August 18, 2014, the lease agreement is terminated if the Plaintiff did not repay the overdue rent and management expenses (173,466,072) to the Defendant by August 31, 2014.
The defendant notified "the fact that he paid only KRW 70,000,000, which is a part of the overdue rent and management expenses, after the fact that he paid the overdue rent and management expenses, so the above lease contract was terminated on August 31, 2014.
(1) As seen in the following determination on a counterclaim, the Defendant’s assertion that the Plaintiff’s claim for the termination of the lease agreement is an abuse of rights on the premise of such assertion, as long as the Defendant’s claim that the sales of Lestop decreased or suspended its business due to water leakage is rejected. Furthermore, according to the evidence Nos. 9 and 11, the Defendant’s overdue rent and management fee as of August 31, 2014 was 184,628,901, and the Defendant’s overdue rent and management fee were 184,628,901, and the Defendant’s business suspension as of September 12, 2014 and thereafter did not use and benefit from the purpose of the above lease. The sum of monthly rent and management fee under the above lease agreement is 8,575,600, respectively.