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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 28, 2015, C, the Plaintiff’s wife, entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 5,00,000,000, monthly rent of KRW 430,000, and from March 28, 2015 to March 27, 2017, on the left side of the fourth floor (hereinafter “instant building”).
B. C and D, as the special terms and conditions of the instant lease agreement, moved into the building of this case without any down payment and intermediate payment on the date of the contract, and paid the lease deposit by April 21, 2015, and upon violations, paid KRW 2,000,000 to D penalty.
C. By April 15, 2015, C resided in the instant building, and on behalf of C, on April 17, 2015, the Plaintiff sent to D a certificate of content that the instant lease agreement is terminated on the ground that C is too uneasible and dangerous in the process of mixing the instant building from the instant building.
Meanwhile, as disputes arise with the termination of the instant lease agreement between C and D on April 16, 2015, the Defendant repeatedly sent mobile phone text messages to the Plaintiff 37 times in total as shown in the attached Form from April 16, 2015 to April 12:3, 2015, including sending text messages with the Plaintiff, “Isle-gu's two women have escaped from the South and North Korea's protection value, and they have escaped from it,” which read as “Isle-gu's son and women so that you have committed fraud,” and the judgment became final and conclusive by having been sentenced to a fine of KRW 1,00,000 at the Seoul Central District Court on March 30, 2016 due to the above criminal facts (violation of Information and Communications Network Act).
[Ground of recognition] Each of Gap evidence Nos. 1, 3, and 4, Eul evidence Nos. 1, 6, and 23 (including, if any, a serial number; hereinafter the same shall apply) and images, and the purport of the whole pleadings.