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1. The counterclaim Defendant is 341,253,156 won to the counterclaim and 6% per annum from July 29, 2015 to July 14, 2016.
Reasons
1. Basic facts
A. On March 5, 2014, the Counterclaim Plaintiff and the Counterclaim Defendant concluded a lease agreement with the Counterclaim Defendant to divide the total rent of KRW 1,156,650,000 for the lease term into the down payment, intermediate payment, and remainder and lease of KRW 1,156,650,000 for the purpose of using the 23th floor (area 1,084m2) of the “the square of Man-Nam” (area 1,084m2) located in the Seocho-gu Busan Metropolitan City (hereinafter “instant business establishment”).
B. On March 4, 2014, the Counterclaim Plaintiff paid KRW 127,231,50 as down payment, KRW 300 million as part payment, and KRW 100 million as of April 2, 2014 as part payment, and KRW 100 million as of April 3, 2014 as the account of a trust company designated by each counterclaim Defendant.
C. The building “the square of Mannam” was completed on April 22, 2014 (approval for Use) and the instant place of business was opened on April 25, 2014.
Around February 2015, the Lessee and the Counterclaim Defendant entered into a lease agreement (hereinafter “instant change agreement,” with the instant amendment agreement combined with the instant amendment agreement) with the following: (a) partly modifying the terms and conditions of the instant first agreement; (b) the second floor and the third floor of the “Square of Mannam” building; (c) the first floor and the second floor (area 1,068 square meters); (d) monthly rent of KRW 24,242,424; and (e) the total rent of KRW 80 million; and (c) the terms and conditions of the instant amendment agreement are as follows.
Article 3 (Application Mutatis Mutandis of Original Contracts) Each provision of the original contract which is not amended in this contract shall remain in force continuously.
Article 4 (Matters of Special Agreement)
1. The lessor shall pay to the lessee 95,00,000 won (additional tax separate) for compensation following the removal of the Pakistan, and for all the expenses paid by the lessee following the change of the purpose of use and the design, and the lessee shall be subject to any civil or criminal charges arising therefrom;