beta
Text
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 76,929,666 and KRW 12,738,00 among them, the Defendant (Counterclaim Defendant)’s KRW 76,929,666 and the Plaintiff’s KRW 12,738,00 among them.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On August 19, 2009, the Defendant concluded a lease agreement with the Plaintiff on the instant building (hereinafter “instant lease agreement”) as follows.
Lease deposit: The lease term of KRW 6850,000 per month (in the lease contract, KRW 4.5 million shall be stated in the amount of KRW 4,50,000 per month, but the "detailed provisions of the lease contract" attached to the above contract shall be KRW 6850,00 per month, including management expenses and surcharges): From August 19, 2009 to August 18, 2011 (Extension by each 24 months from August 19, 2011 and August 19, 2013): the special agreement shall be the lessee's responsibility in the event of theft, fire, or other unforeseen events.
(Liability of the lessee for repair of defects and disposal of costs)
B. On August 13, 2009, the instant building was operated as a public announcement source, and the Defendant entered into a contract with Nonparty D, a former lessee, to transfer a right with a premium of KRW 195 million, and paid the said money to D, separately from the instant lease agreement, and thereafter, operated the public announcement source.
C. In August 2015, when the Defendant delayed the payment of rent, the original Defendant had negotiated a re-contract on the instant building, but did not reach an agreement.
Accordingly, the Defendant, in writing, demanded that the Plaintiff renew the lease contract by reducing the rent to KRW 4.5 million on January 4, 2016, and accordingly, the Plaintiff notified the Defendant of the following: “The lease contract in this case is terminated without a separate declaration of intention, if the Plaintiff did not pay the unpaid rent by January 7, 2016, and the lease deposit is paid up to January 20, 2016, and the lease deposit is increased to KRW 100,000,000 per month (including building management expenses).” Meanwhile, the Plaintiff notified the Defendant that the lease contract in this case is terminated without a separate declaration of intention.
E. On June 29, 2017, the Defendant issued the instant building to the Plaintiff.