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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay five million won to the Plaintiff (Counterclaim Defendant) and to the day of full payment from July 5, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On April 16, 2013, the Plaintiff, from the Defendant, leased the first and second floors of the building located on C (a total of three floors, referred to as the “instant building”) on the ground, at the expense of the lessee, KRW 100 million, KRW 7.5 million per month, KRW 60,000 per month, and KRW 50,000 per month, and KRW 60,000 per month. On June 4, 2013, the Plaintiff amended the said lease agreement between the Defendant and the period from June 4, 2013 to June 3, 2018.
(hereinafter “Lease of this case”). (b)
The Plaintiff agreed with the Defendant to terminate the instant lease as of August 30, 2015, and agreed that the Defendant paid the Plaintiff KRW 3 million premium to the second floor lease of the instant building and KRW 5 million at the Defendant’s expense at the time of lease or sale of the first floor of the instant building (hereinafter “instant agreement”).
C. On September 21, 2015, the Defendant leased the second floor of the instant building to D as deposit money of KRW 50 million, KRW 1.5 million per month, and the period from November 1, 2015 to November 1, 2018, and D paid deposit amount of KRW 50 million and premium of KRW 3 million to the Defendant on the same day.
The Plaintiff brought KRW 4 million on October 10, 2015, and restored the first floor and second floor of the instant building to its original state.
E. On May 18, 2016, the Defendant sold the instant building at KRW 1.65 million to the Inter-Korean Credit Union. The Defendant agreed to sell and sell the instant building at the present facility at KRW 1.65 million and the remainder was paid on May 31, 2016.
F. On May 31, 2016, the Plaintiff changed the key of the 1st floor entrance of the instant building, which was not paid for the premium.
Accordingly, the defendant opened a entrance in the presence of the police on the same day and brought waste of KRW 3.5 million in the presence of the police, and received the balance from the North Korean Educational Credit Union.
[Ground of Recognition] Facts without dispute, Gap 1 to 7, 10 evidence (including the paper number), and Eul 1 to 7.