beta
Text
1. The Defendant (Counterclaim Plaintiff) received five million won from the Plaintiff (Counterclaim Defendant) and simultaneously received the payment from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 21, 2012, the Plaintiff and the Defendant entered into a lease agreement with respect to the instant commercial building on the following terms: (a) KRW 5 million; (b) monthly rent 600,000; (c) period from August 1, 2012 to July 31, 2014; and (d) period from August 1, 2012 to July 31, 2014 (hereinafter “instant lease agreement”); (c) around that time, the Plaintiff ordered the Defendant to order the instant commercial building; and (d) the Defendant operated a coffee shop with the trade name “D”.
B. While the instant lease contract was renewed and maintained, the Plaintiff sent to the Defendant a certificate of the content that “at least two renewals of the instant lease contract are no longer complete and terminated on July 31, 2017,” and each of the above content certification reached around that time.
C. Accordingly, between E and E who intends to become a new lessee on June 15, 2017, the Defendant entered into a royalty agreement on rights and duties (hereinafter “instant premium agreement”) that transfers to E the premium 30 million won, and received the down payment three million won from June 14, 2017 to July 10, 2017, the Defendant sent to the Plaintiff a certificate of request that the Plaintiff enter into a new lease agreement with E three times from June 14 to July 10, 2017, and each of the above content certification reached around that time.
On July 25, 2017, the Plaintiff refused the Defendant’s above request to enter into a contract for the transfer or acquisition of rights to the leased object without the lessor’s consent or consent, and at the same time, sent a certificate of content demanding the evacuation of the instant commercial building due to the termination of the instant lease agreement. The content certification reached around that time.
In the end, this is eventually.