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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 37,641,596 and its payment from December 19, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. A lease contract for the first and second floors of the instant building 1 and 2) On April 3, 2009, the Plaintiff: (a) around April 3, 2009, the first floor of 93.4m2 and the second floor of 172.6m2m2 (hereinafter “the instant building 1 and the second floor”) among the fourth floors in Jung-gu Seoul, Seoul, owned by the Defendant and the Plaintiff
(2) On January 10, 201, the Plaintiff entered into a lease agreement with the Defendant to increase the deposit amount of KRW 200 million from May 3, 2009 to May 2, 201, with respect to KRW 100,000 (including value-added tax), and from May 3, 2009, the lease agreement to increase the rent of KRW 880,000 (including value-added tax) per month. The Plaintiff delivered the instant building 1 and the second floor to the Defendant according to the said lease agreement, and the Defendant operated the said building with the trade name “D”. After the expiration of the lease agreement, the said lease agreement was explicitly renewed with the content of the previous. 2) On January 10, 2013, the Plaintiff made a lease agreement with the Defendant and the first and second floor of the instant building from January 1, 2013 to May 2, 2011, including the lease agreement between KRW 200,000,000).
The Plaintiff and the Defendant paid the rent increase of KRW 16.5 million (=2750,000 x 6 months) on three occasions through July 3, 2013, May 2013, and July 2013, from July 2012 to December 2012, which had already lapsed at the time of the contract under the said contract.
[The rent from May 3, 2012 to June 2, 2012 pursuant to the terms and conditions of the contract shall be calculated as KRW 8.8 million (including value-added tax) under the existing lease agreement.
(3) On July 9, 2015, the Plaintiff and the Defendant and the instant building 1 and the instant building were explicitly renewed on the same terms and conditions as the previous one after the lease term expires. The deposit amount is KRW 22,00,000 for the instant building; KRW 12,705,00 for the monthly rent; and the lease term is from December 3, 2014 to March 3, 2017. However, the said lease term is determined as from January 9, 2015 to June 2015 at the time of the contract.