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1. The defendant's Suwon District Court Decision 2016Na50242 decided May 11, 2017 (principal lawsuit), and the defendant's counterclaims 2016Na65923 (Counterclaim).
Reasons
1. Basic facts
A. On January 11, 2012, the Plaintiff entered into a lease agreement with the Defendant on the part 6 and 7 of the part 105.84 square meters (No. 5, 6, and 7) on board a ship (hereinafter “instant building”) with each point of the attached Form No. 1, 2, 3, 4, and 10.8 square meters in sequence among the buildings with 1, 2, 3, 4, and 10.8 square meters of 10,000 square meters on board among the buildings with 1, 2, 3, and 1,60,000 won on the ground of the 3,00 won in a lease deposit and 1,00,000 won in a monthly rent (including non-value added tax; hereinafter the same shall apply) from January 31, 2012 to January 30, 2014 (hereinafter “the first lease agreement”).
B. On April 29, 2013, the Plaintiff entered into a re-contract with the Defendant (hereinafter “instant lease agreement”) with the effect that, while leasing the instant building, including the aforementioned part of subparagraph 5, the Plaintiff would change the deposit amount of KRW 35 million under the previous text of the contract, KRW 35 million from the monthly rent of KRW 1.6 million from the monthly rent of KRW 16 million, and KRW 2.1 million from April 29, 2013 from April 29, 2013 to April 26, 2015. The terms and conditions of the instant lease agreement are as follows.
Matters of special agreement
4. If the purpose of another heading (other 4 partitions, 1, 2, 3, and 4) is changed, and for any other reason, the removal cost will be immediately removed at the expense of the defendant in full.
9. The area of an existing contract (35.28 square meters) shall be increased and the contract deposit amount of KRW 5 million and KRW 300,000,000 shall be deposited into the rent account on June 10, 2013.
In this regard, the monthly rent from April 27, 2014 to KRW 2.3 million is to be changed to KRW 40 million.
C. The Defendant, in the instant building, operated Smarkets (retail stores) with the trade name “Dart”.