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1. The Defendant (Counterclaim Plaintiff) pays KRW 7,303,302 to the Plaintiff (Counterclaim Defendant).
2. The remainder of the plaintiff (Counterclaim defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 15, 2017, the Defendant entered into a lease agreement with the Plaintiff, setting the lease term of KRW 10,00,000, monthly rent of KRW 1,265,00 (including additional tax, and KRW 15,00,00, monthly rent of KRW 10,000 (hereinafter referred to as “instant lease agreement”) in order to operate a store with 70 square meters inside the ship (hereinafter referred to as “instant store”) which connects each point of Annex 1, 2, 3, 4, 1, and 70 square meters in sequence, among the first floor of the building listed in the attached Table 1, owned by the Plaintiff (hereinafter referred to as “instant lease agreement”);
B. The main contents of the instant lease agreement are as follows.
Article 4 (Termination of Contract): When the defendant's overdue overdue charge reaches the second period's overdue charge, the plaintiff may terminate this contract without delay.
Article 5 (Termination of Contracts): Where a lease contract is terminated, the defendant shall restore the above real estate to its original state and return it to the plaintiff.
In such cases, the plaintiff shall refund the security deposit to the defendant, and if the rent in arrears or damages are paid, it shall be removed and the balance shall be refunded.
Special contract terms: All facilities after the completion of the contract shall be restored to their original state.
A lessee shall not demand a lessor to pay a premium.
C. Around October 30, 2017, the Defendant removed from the instant store.
As the Plaintiff was not paid a monthly rent from November 2017 to the Defendant, the instant lease agreement is terminated in cases where the Plaintiff did not pay the monthly rent to the Defendant on December 22, 2017 due to the failure to pay two or more rents until January 1, 2018.
‘The content certification' was sent.
E. On January 9, 2018 and January 22, 2018, the Defendant paid KRW 1,265,000 to the Plaintiff via two occasions, and thereafter, the Defendant did not pay the monthly rent for the instant store from January 2019 to January 2019.
E. The Plaintiff’s complaint on February 2, 2019 stating the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent of at least two years.