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1. On March 1, 2013, the Defendant (Counterclaim Defendant) paid KRW 141,365,160 to the Plaintiff (Counterclaim Defendant) and KRW 60,000 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the arguments as a result of the inquiry and reply to the head of Songpa-gu Office of this Court against Gap evidence Nos. 1 to 5 and Eul evidence Nos. 6 (including branch numbers for those with serial numbers).
On February 4, 2013, the Plaintiff entered into a contract with the Defendant who is engaged in real estate leasing business under which the lease deposit amounting to KRW 60 million, monthly rent of KRW 4.4 million (including value-added tax), and the lease term of KRW 4.4 million from March 1, 2013 to February 2014 (hereinafter “instant lease contract”) with respect to the instant store owned by the Defendant, respectively, and the main contents thereof are as follows.
Article 1 (Indication of Rental Real Estate): 71.98 (Written 71.98) and 12 (Matters to be Observed and Prohibited by Lessee) (2) A lessee shall not engage in the following acts in relation to a lease contract:
Article 16 (Right to terminate Contract) (1) If a lessee has committed any act falling under any of the following subparagraphs, the lessor may immediately terminate the contract without any peremptory notice.
A lessee shall order the leased object within seven days from the date of termination of the contract.
In addition, the rent, management fee, real estate brokerage fee, etc. imposed by the new occupant after completion of the restoration to the original state shall be borne by the lessee, and if the lessee fails to pay it, it may be deducted from the rental deposit.
When the unpaid amount of rent of a lessee reaches a rent for two months;
(b) When he commits an act contrary to the provisions of Article 12;
2. The test period is from March 1, 2013.