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1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.
2. Defendant (Counterclaim Defendant) is 10.0% from the Plaintiff (Counterclaim Plaintiff).
Reasons
1. Determination as to the main claim
A. 1) On November 17, 2006, the Plaintiff and the Defendant agreed to lease the leased object of the instant case to the Defendant by setting the deposit amount of KRW 10 million, monthly rent of KRW 300,000,000, and one year from the lease term (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).
(2) The instant lease contract was concluded under the same conditions on November 30, 2007 and November 30, 2008. The Plaintiff may terminate the instant lease contract in the event that: (a) the instant lease contract was concluded under the same conditions on November 30, 2007; and (b) the Plaintiff was in arrears at least twice at the time of each of the said contracts; and (c) the Defendant, a lessee, agreed to restore the leased object to its original state and deliver it to the Plaintiff, a lessor.
3) The instant lease agreement was explicitly renewed thereafter, and the Plaintiff and the Defendant agreed to pay KRW 300,000 to KRW 350,000 for the monthly rent from April 2013 to KRW 3.5 million. 4) The Defendant agreed to pay the monthly rent from February 27, 2012, KRW 600,000,000 on April 18, 2012, KRW 90,000 on June 22, 2012, KRW 600,000 on September 14, 2012, KRW 60,000 on December 5, 2012, and year 2013.
2. 28.60,00 won, KRW 60,00 won on June 11, 2013, KRW 600,000 on August 21, 2013, KRW 300,000 on November 12, 2013, KRW 300,000 on November 28, 2013, KRW 350,000 on December 16, 2013, KRW 350,00 on March 13, 2014, KRW 350,00 on May 13, 2014, KRW 350,00 on July 35, 2014, KRW 14,500 on September 14, 2014, the Defendant paid the Plaintiff the amount of KRW 15,000 on December 14, 2015.
5) On December 18, 2014, and December 29, 2014, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract was terminated on the grounds of two or more rents, and that the instant lease contract was sought for the surrender of the leased object. The said content-certified mail reached the Defendant around that time. 6) The Plaintiff reached the Defendant.