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1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 17, 2017 to June 27, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 16, 2013, the Plaintiff entered into a sublease contract with the Defendant with the purport that the Plaintiff subleases the part of the first floor and the first underground floor (a total of 520 square meters) among the first floor underground in Gangnam-gu Seoul Metropolitan Government and D’s four underground floors on the ground located in Gangnam-gu and D’s land to the Defendant.
(hereinafter referred to as the “instant sub-lease contract” and the said sub-lease part is referred to as the “instant real estate”). The main contents of the instant sub-lease contract are as follows.
Contract period: 9 years from the date of delivery: 15 million won per month (excluding value-added tax); management expenses to be paid on the last day of each month: 2,832,072 won (excluding value-added tax)): Deposit: KRW 500 million (10 million per contract with the conclusion of the contract, and payment of the balance 400 million on the date of delivery).
B. In relation to this case, the sub-lease contract of this case includes the following contents:
Article 8 (Use of Annexed Buildings) (3) Annexed Buildings (U.S.; hereinafter the same shall apply) and the underground opening of the first floor underground, and the lessors shall cooperate to the maximum extent possible with the affairs related to the progress of construction “A (the Defendant; hereinafter the same shall apply).”
Article 9 (Adjustment of Rent and Management Expenses) Sub-lease fees and management expenses shall be agreed every two years on the same conditions as those agreed with A and lessors every year.
A modified contract shall be notified in writing to "B" when consultation on the adjustment of sublease fees and management expenses is held.
Article 10(1)(1) Where the “B” delays the performance of the sub-lease deposit, monthly sub-lease deposit, management expenses, taxes and public charges as well as other money payment obligations as provided for in this contract, it shall pay to the “A” in addition to the interest at the rate of 8% per annum from the date of delay until the date of actual payment.
Article 17 (Maintenance, Management and Construction of Sub-lease Objects) (2) "A" shall be used for purposes suitable for the sub-lease object under paragraph (1) of Article 2.