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1. The plaintiff (Counterclaim defendant) jointly owned with the defendant C Co., Ltd. 68,984,283 won and its related thereto.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 16, 2016, the Defendant Company entered into a lease agreement with the Plaintiff for the lease deposit of KRW 220,00,000, monthly rent of KRW 13,100,000 ( separate value-added tax), monthly general management expenses ( separate value-added tax), monthly rental fee of KRW 2,70,000 ( separate value-added tax) and from November 23, 2016 to November 22, 2018, and Defendant D jointly and severally guaranteed the Defendant Company’s obligation on the above contract (hereinafter “instant lease agreement”). The key contents are as follows:
2. In the absence of separate consultation on a renewed contract without refusal of renewal by no later than three months prior to the expiration of the lease term under the preceding paragraph, this lease shall be deemed to have been concluded, with respect to security deposit, monthly rent, and general management expenses for the immediately preceding two years, the higher rate between the rate of increase in consumer prices in the immediately preceding two years or 9%, and the lease term of two years shall be deemed to have been extended.
In cases where the renewed lease term expires, the same shall apply.
Article 5 (Termination and Event of Contract) ① In any of the following cases, a lessor may terminate a lease contract immediately or by setting a deadline for termination without any separate peremptory notice:
2. In the case of subparagraphs 1 through 5 of the preceding paragraph, the lessee shall pay to the lessor the amount equivalent to the monthly rent which is two months or less in addition to the damages.
Article 8 (Named 1) (1) When this contract expires or is terminated even if it is terminated, the lessee shall, at the expense of the lessee, remove at the time of the contract all the property, such as animals and attachment, etc. to the leased object, restore the leased object to its original state and return the keys thereof.