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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was from the Plaintiff (Counterclaim Defendant) on 6,256.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On May 20, 2010, the Plaintiff entered into a lease agreement with the Defendant on the instant vinyl amounting to KRW 15 million, KRW 1.2 million per month, KRW 1.2 million per month, and KRW 48 months from July 25, 2010, and KRW 15 million per month from July 25, 2010, and KRW 15 million per month from July 25, 2010. The Plaintiff may terminate the lease agreement if the Defendant delays in payment for at least six months. Of the above deposit and ground premium, KRW 11 million is paid at the time of the contract by the Defendant, and the remainder of KRW 19 million shall be paid at July 25, 2010 (hereinafter “instant lease agreement”).
B. The Defendant paid 30 million won in total to the Plaintiff as stipulated in the instant lease agreement, and the Plaintiff delivered the instant vinyl to the Defendant at the time of the commencement of the instant lease agreement.
C. The Plaintiff and the Defendant, on September 201, extended the monthly rent payment date from 25th to the 10th day of the following month, and from that time, paid the monthly rent on the 10th day of the following month due to the studio repair problems caused by the drupture of typhoons.
The Defendant paid to the Plaintiff the rent from the commencement of the instant lease agreement to March 10, 2013, but did not pay the rent thereafter.
E. On April 18, 2014, the Plaintiff expressed his/her intent to terminate the instant lease agreement through the instant complaint on the grounds of the Defendant’s delinquency in rent.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination
A. According to the fact that the termination of the instant lease agreement was recognized, the Defendant did not delay that it is more than six-year rent as the grounds for termination under the instant lease agreement. Accordingly, the Plaintiff acquired the right to terminate the instant lease agreement.
In this case, the plaintiff.