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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 9,703,860 and its amount from August 13, 2016.
Reasons
1. Facts of recognition;
A. On October 19, 2015, the Defendants leased to the Plaintiff the part (A) of 235.4 square meters in part (hereinafter “instant store”) connected each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate listed in the attached Table No. 1, 2, 3, 5, 6, 7, 8, among the real estate listed in the Defendants’ list owned by the Defendants
(hereinafter referred to as the “instant lease agreement.” The lessor may terminate the instant lease agreement if the overdue rent of the lessee from October 19, 2015 to October 18, 2018, falls short of the three-year rent, provided that the overdue rent of the lessee from the date of the lease deposit 20 million won · monthly rent of 1320,000 won (including value-added tax, 30,000 won after the 30th day of each month, and the management expenses, and 100,000 won) falls short of the three-year rent.
If the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
B. At the time of the instant contract, water leakage was done on the entrance side of the instant store, and the Defendants performed waterproof construction in that part at the time.
C. The Plaintiff operated the indoor camping practice hall in the instant store. On January 2016 and March 2016, the Plaintiff was capable of water leakage in the instant store. While the Defendants performed water leakage works several times, the water leakage continues in the vicinity of the center of the instant store until July 2017.
On July 27, 2016, the Plaintiff notified the Defendants that “The Defendants were not only hiding the fact of leakage and entering into the instant contract, but also demanding the recovery of damage caused by water leakage, and thus the Defendants failed to perform it, thus terminating the instant contract.” The content-certified mail reached the Defendants around July 29, 2016.
E. Meanwhile, the Plaintiff still occupies and uses the instant store until before the date of closing the argument in this case.
[Ground of recognition] Unsatisfy, Gap evidence 2, 4, 11, 15, Eul evidence 1 or video, Eul evidence 1, and the result of the on-site inspection by this court, the purport of the whole pleadings.
2. The assertion and judgment
A. The plaintiff's assertion 1 is asserted by the parties.