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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff) B’s counterclaim claim filed by this court, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 21, 2013, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 50 million, monthly rent of KRW 850,000 (repaid on July 15), and from July 12, 2013 to July 11, 2015 (hereinafter “instant lease agreement”) with regard to the building indicated in the attached Form (hereinafter “instant building”), and thereafter, the said agreement was explicitly renewed.
B. The Plaintiff did not continue to pay the monthly rent after August 15, 2015, and around September 7, 2016, the Plaintiff sent text messages to Defendant B, “On December 12, 2016, the Plaintiff sent the text messages to Defendant B to the effect that “The prime time is fixed at the end of December 12, 2016,” and Defendant B unilaterally notified the Plaintiff on December 12, 2016, and it is difficult for the Plaintiff to become a director. The Plaintiff responded to the director plan at the end of the year.
C. On September 21, 2016, the Plaintiff did not pay KRW 11,90,000 for 14 months (from August 2015 to September 2016) of the rent that Defendant B returned to Defendant B. The instant lease agreement is terminated if two or more terms are not paid. Accordingly, upon the receipt of the notice, the instant lease agreement is terminated pursuant to the said contract clause. Upon the receipt of the notice, the Plaintiff issued the instant building, issued the instant building, and paid the unpaid monthly rent and interest during the instant period, and paid the main time. The Plaintiff expressed his intention to be the director. The Plaintiff did not pay KRW 5,00,000, the deposit was paid on September 7, 2016, but did not implement the said agreement, and thus, it appears that the prior payment would be deducted, and the Defendant would have received the content certification, and the Plaintiff returned it to Defendant B on May 16, 2016.
On October 27, 2016, the Plaintiff set up Defendant C, who was residing in Defendant B and the instant building, as well as Defendant C.