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1. The Plaintiff (Counterclaim Defendant) paid to the Defendant (Counterclaim Plaintiff) KRW 28,500,000 and the amount pertaining thereto from May 14, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be filed together.
1. Facts of recognition;
A. On November 1, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit of KRW 6 million, monthly rent of KRW 3.5 million (including value added tax), and between November 1, 2018 and December 12, 2018 (hereinafter “instant lease agreement”).
B. On July 29, 2019, the Plaintiff sent a certificate to the Defendant stating that “I wish to terminate the instant lease agreement on October 31, 2019.” On August 8, 2019, the Defendant sent a certificate of content that “I wish to terminate the instant lease agreement and will maintain it for a period of ten years for the Plaintiff.”
On August 13, 2019, the Plaintiff sent to the Defendant a certificate of content that “The contract shall be renewed on the terms of KRW 500 million and KRW 500 million for annual rent.” On August 23, 2019, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff had the intention of termination of the contract on the terms of leaving all offices where the Plaintiff would have the office work cost of KRW 39 million.”
(c)
The Plaintiff and the Defendant agreed to the effect that “The Plaintiff shall pay KRW 28.5 million and the lease deposit amount of KRW 6 million to the Defendant on condition that the Plaintiff wanted to order the Defendant to gather the Plaintiff’s office, etc., and shall be exempted from the monthly rent for October” (hereinafter “instant agreement”), and the said KRW 28.5 million were referred to as “the instant agreement”).
(d)
On October 31, 2019, the Defendant had the said office fixtures as it is and notified the Plaintiff of the transfer of the instant commercial building.
E. On November 8, 2019, the Plaintiff remitted the deposit amount of KRW 60 million to the Defendant.
F. On November 11, 2019, the Defendant again occupied and operated the instant commercial building on the ground that the instant contract amount was unpaid to KRW 28.5 million.
G. On November 21, 2019, the Defendant decided to deliver the instant commercial building to the Plaintiff on November 21, 2019, stating that “The Plaintiff’s situation would refund the deposit amount of KRW 6 million and the compensation amount of KRW 2.5 million for the house construction cost, etc.