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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from May 1, 2017 to May 1, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
A. On April 17, 2012, the Plaintiffs entered into a lease agreement with the Defendant, setting the lease period of KRW 265.10 square meters in the underground room (hereinafter “instant store”) from April 30, 2014 to April 30, 2014, the lease deposit amount of KRW 200,000, and the rent of KRW 8,470,000 (including value-added tax; hereinafter the same shall apply) as the lease period.
B. On April 30, 2012, the Defendant paid the Plaintiffs KRW 200,000,000 as the above lease deposit, and on the same day, occupied and used the instant store until now.
C. Meanwhile, the Plaintiffs concluded a lease agreement with the Defendant on April 30, 2014, which is the end of the lease term of the previous lease contract, with the content that the instant store was leased from April 30, 2014 to December 31, 2016, the lease deposit was KRW 200,000, the lease deposit was KRW 8,470,000, the rent was monthly, and the management fee was KRW 1,496,00, the rent and the management fee was paid at KRW 1,496,000, and the payment date of the rent and the management fee was determined as the end of each month (hereinafter “instant lease agreement”). Article 7(3) of the instant lease agreement provides that the amount of overdue rent and the payment should be calculated by adding two percent to the overdue amount.
The defendant does not pay rent and management expenses from January 2016 to the plaintiffs.
E. On April 4, 2016, the Plaintiffs sent to the Defendant a notice that contains a declaration of intent to terminate the instant lease agreement, on the grounds that the Defendant had been in arrears for a continuous period of three years from January 2016, and that the said notice reached the Defendant on April 5, 2016.
[Ground of recognition] In light of the above-mentioned facts, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings, the lease contract of this case is a notification that contains the plaintiffs' declaration of termination on the grounds of the defendant's delinquency in rent.