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1. The Defendant (Counterclaim Plaintiff) receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. From January 2012, the Plaintiff entered into a lease agreement and renewed the lease agreement (hereinafter “instant lease agreement”) with the Defendant, the Plaintiff leased the instant store owned by the Plaintiff at KRW 10 million per annum, KRW 10 million per annum, and KRW 12 million per annum from January 2012 to December 12, 2012 (hereinafter “instant lease agreement”).
(2) Around January 2013, the instant lease agreement was concluded. The instant lease agreement has increased to KRW 11 million per annum and has been renewed until January 31, 2017. (2) Around January 2012, the Defendant paid the Plaintiff the said lease deposit amount of KRW 10 million and operates a restaurant in the name of “C” at the instant store from around that time.
B. On September 30, 2016, the Plaintiff sent to the Defendant a certificate of the content that “the instant lease agreement has expired on or after January 2017, and has no intent to renew the instant lease agreement.” Accordingly, on October 21, 2016, the Defendant sent the Plaintiff the certificate of the content that “the Defendant paid KRW 12 million to the Plaintiff on or around January 2016 for the maintenance of the instant lease agreement.” On the other hand, from 2017 to 2019, the Plaintiff sent the certificate of the content that “the Defendant sent the instant lease agreement to the Defendant for five years on condition that the lease agreement would have expired on or after the lapse of the period, from 2020 to 2021,” and that the content of the instant lease would not have reached the Defendant’s delivery of the certificate of the content that the Plaintiff sent to the Defendant around 2016.
C. The Defendant’s refusal to conclude a premium contract and the Plaintiff’s new lease contract, 1) between D and D on December 8, 2016, prior to the expiration of the instant lease contract term, and the Defendant’s instant case against D.