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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver each building listed in the separate sheet;
(b) from July 3, 2019.
Reasons
1. Common facts of the principal lawsuit and counterclaim;
A. Nonparty F Agricultural Partnership Corporation (Representative A) owns each building listed in the attached Form (hereinafter referred to as “instant building”).
B. On January 31, 2018, the Plaintiff leased the instant building to the Defendant (before the mutual change) as KRW 20,000,000 for deposit money and KRW 3,000 for monthly rent (excluding value-added tax), and the monthly rent was paid from two months after the date of the contract.
C. The Defendant paid KRW 3,300,000 to the Plaintiff, respectively, on April 26, 2018 and May 30, 2018.
On December 26, 2018, the Plaintiff notified the Defendant that the lease contract is terminated on the ground of the monthly arrears for seven months.
E. Meanwhile, the Defendant’s name was changed as of November 12, 2018, immediately before G was appointed as the representative director.
[Evidence A] Evidence Nos. 1, 2, 3, 4, 2
2. Judgment on the principal lawsuit
A. The Defendant asserted that the Plaintiff did not pay monthly taxes for nine months from June 30, 2018 to February 28, 2019.
Accordingly, the Plaintiff terminated the lease contract and demanded the delivery and arrears of the building of this case.
B. (1) The instant lease contract was terminated by the Defendant’s delinquency at least two months of monthly rent, and the Plaintiff’s notice of termination.
around 23:01 on March 27, 2019, the Defendant notified Nonparty B, an employee of the Plaintiff, of the monthly remittance account. B notified Nonparty B of the account number of the said farming association around 11:40 on March 28, 2019, and immediately thereafter, the Defendant transferred KRW 13,200,000 (Evidence B No. 3 and 4), but such fact alone cannot be deemed to have been agreed upon between the Plaintiff and the Defendant.
Sheet Defendant did not pay monthly taxes from June 1, 2018.
(The monthly rent was paid after two months from the contract date. Accordingly, the monthly rent for February and March is exempted, and the base date of the monthly rent is as of April 1, 2018, and the date of the payment is as of April 30, 2018, and the defendant paid the second-term monthly rent as of March 28, 2019. Meanwhile, the defendant paid the second-term monthly rent as above.