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1. The Defendant (Counterclaim Plaintiff) is indicated in the attached Table from January 21, 2018 to January 21, 2018, from KRW 150,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. On September 20, 2017, the Plaintiff agreed on the lease deposit amounting to KRW 250,00,000 for the Defendant, monthly renting to KRW 9,00,000 for the building listed in the attached list (hereinafter “instant building”), and the lease period from November 20, 2017 to November 19, 2019 (hereinafter “lease”).
Article 4 of the lease contract: If the lessee's delayed amount of rent reaches the amount of rent for three terms, the lessor may terminate the contract immediately.
Special agreement terms: A deposit balance of KRW 100,000,000,000 shall be paid for the remainder of KRW 200,000,000, and the remainder of KRW 50,000 shall be paid until the date on which three months elapse from the date of the remainder, and the remainder of KRW 50,000,000 shall be paid immediately after the completion of the debtor's change to
B. Of the lease deposit of KRW 250,000,000, the Defendant paid the Plaintiff KRW 150,000,000 in total, including KRW 50,000,000 on September 21, 2017, and KRW 50,000 on November 16, 2017, and KRW 50,000 on November 23, 2017, but did not pay the remainder of the lease deposit of KRW 100,00,000.
C. On September 21, 2017, the Defendant borrowed KRW 50,000,00 from C with the maturity of KRW 600,000 on September 21, 2018, and at the same time, the Plaintiff and the Defendant agreed to preferentially pay KRW 50,00,000 out of the lease deposit incurred when the Plaintiff’s lease was terminated.
On November 27, 2017, the Defendant received delivery of the instant building from the Plaintiff and has run the telecom business until now.
E. In light of the fact that the commencement of the Defendant’s business was delayed, the Plaintiff agreed not to receive the monthly rent for December 2017, and the monthly rent for January 2018 (on January 20, 2018), to substitute the Defendant’s payment of the Plaintiff’s loan interest of KRW 9,000,000 on November 23, 2017, but the Defendant did not pay the rent from January 21, 2018 to that date.