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1. The counterclaim Defendant: (a) 109,912,250 won to the counterclaim and the period from November 16, 2018 to June 18, 2019.
Reasons
1. Facts of recognition;
A. On April 22, 2014, the counterclaim leased 285.44 square meters of the first floor among the second floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, for the period of KRW 1.5 million, KRW 9,000,00 per month, and KRW 9,000 per month, and the period from April 22, 2014 to November 21, 2018. On the same day, the counterclaim Defendant leased 236.14 square meters of the second floor of the said real estate from the counterclaim Defendant for the period of KRW 5,00,00, KRW 3,500,00 per month, and the period from April 22, 2014 to November 21, 2018 (hereinafter “the instant leased property”).
B. On July 26, 2018, the counterclaim Defendant agreed to terminate the lease contract upon the expiration of the lease term, and thus, notified the Plaintiff to deliver the instant building by November 21, 2018, which is the end of the lease contract.
C. On August 29, 2018, the Lessee notified the Counterclaim Defendant of the expiration date of the lease term, and the Lessee was in physical color to become a new lessee. As such, the Lessee notified the Lessee of the expiration date by entering into a lease contract with a new lessee arranged by the Lessee.
On September 21, 2018, the Lessee entered into a contract between D and E, and the premium of KRW 200 million, and received KRW 30,000,000 as the down payment.
E. On October 16, 2018, D sent a phone call to the husband F of the counterclaim Defendant and asked the Plaintiff whether it is possible to enter into a lease contract with the Counterclaim Plaintiff and then asked him/her as to whether it is possible to enter into the lease contract. On the other hand, F, once the lease contract is in progress with the Counterclaim Plaintiff, there is no intention to enter into a contract with the Lessee through the Lessee, and when the life-saving lawsuit is completed, D would have contact separately.
F. On January 20, 2019, the counterclaim Defendant entered into a lease agreement with regard to the lease deposit of KRW 30,000,000, monthly rent of KRW 2,000,000, and the period from February 13, 2019 to February 12, 2024 with respect to the one story of KRW 39.74,00,000, among the instant building and the instant building. The lease agreement was concluded between H and the instant building on the same day.