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1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).
A. The payment of KRW 23 million is received from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit or counterclaim shall be deemed to have been filed.
1. Facts of recognition;
A. On October 16, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease term as KRW 23 million from October 16, 2010 to October 15, 2012, with regard to the entire first floor among the real estate listed in the separate sheet (hereinafter “instant store”).
B. Since then, the instant lease agreement has been implicitly renewed. On April 20, 2015, the Plaintiff sent to Defendant B a content-certified mail to the effect that the Plaintiff did not intend to extend the instant lease agreement and requested to surrender the instant store on October 15, 2015 when the instant lease agreement was terminated. The content-certified mail sent to Defendant B around that time.
C. Defendant B, at the instant store up to the day, operated the NAS sales store, and paid all monthly rent of KRW 1,550,000 to the Plaintiff up to February 28, 2017, which was around the day of closing the argument.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. According to the facts of the above recognition as to the claim against Defendant B, the instant lease agreement terminated on October 15, 2015 as the expiration of the period.
Unless there are special circumstances, Defendant B is obligated to deliver the instant store to the Plaintiff upon the termination of the instant lease agreement and return the unjust enrichment equivalent to the rent calculated by the rate of KRW 1,50,000 per month from March 1, 2017 to the completion date of delivery of the instant store.
(B) The fact that the Defendant paid all the amount equivalent to the rent agreed with the Plaintiff by February 28, 2017, which was around the date of the closing of the instant argument, to the Plaintiff by February 28, 2017, is as seen earlier, and thus, the Plaintiff’s claim for this part is rejected).
Claim against Defendant C.