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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The payment of KRW 3,000,000 is received from the Plaintiff (Counterclaim Defendant).
Reasons
1. Determination on the main claim
A. On February 22, 2014, C representing the Plaintiff on behalf of the Plaintiff: (a) according to the following: (a) the lease deposit amount of KRW 3,00,000 for the leased property; (b) monthly rent of KRW 180,00 for the leased property; and (c) the lease period of KRW 180,000 for the leased property; and (d) from March 1, 2014 for the lease period of KRW 1,00 for the leased property; (b) the lease period of KRW 10,000 for the leased property was first entered on February 22, 2014 for the lease period; and (c) the lease period was amended on March 1, 2014 for the first time.
Upon entering into a lease agreement with the Defendant to lease as of February 28, 2015 (hereinafter “instant lease agreement”), C also received KRW 180,000 per month rent from the Defendant on the date of entering into the said lease agreement, and KRW 150,000 per month on February 28, 2014 at the time of receipt of the lease deposit, and KRW 150,00,000, which was to be borne by the Defendant out of the total construction cost on the market.
(See Evidence No. 3). Around that time, the Defendant delivered the instant leased building to the Defendant.
According to the instant lease agreement, when a lessee fails to pay rent more than twice consecutively, the lessor may terminate the instant lease immediately.
B) On April 30, 2014, the Defendant did not pay to the Plaintiff any more than KRW 300,000, and KRW 180,000 on May 31, 2014, in addition to the payment of KRW 180,00,000 to the Plaintiff. C) Defendant’s declaration of intention to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay two or more rents, the duplicate of the instant complaint, stating the Plaintiff’s declaration of intention, was served on October 6, 2014.
[Ground of recognition] In light of the facts without dispute, Gap's evidence Nos. 1 and 3, significant facts in this court, and the purport of the entire argument as to the above recognition, the right to terminate the instant lease agreement was created upon the defendant's second or more overdue delay, and thus, the instant lease agreement was lawfully terminated on October 6, 2014 that the plaintiff's notice of termination was delivered to the defendant.
Therefore, unless there are special circumstances, the defendant is 3,000,000 won from the plaintiff.