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1. The Plaintiff (Counterclaim Defendant) filed a claim against the Defendant (Counterclaim Plaintiff) for KRW 5 million and its objection from July 9, 2019 to August 13, 2020.
Reasons
A principal lawsuit or counterclaim shall be deemed to be a same.
1. On December 21, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff’s husband D, who represented the Plaintiff, on the entire size of 278.91 square meters (hereinafter “instant commercial building”) of the commercial building located in Dong-gu Daejeon, Daejeon (hereinafter “instant building”) owned by the Plaintiff on the following terms:
Article 1 (Deposit and Rent): 30,000 won - Rent (monthly rent): Article 2 (Period of Lease), Article 2 (Period of Lease) from January 31, 2017 to January 30, 2019 (24 months), Article 4 (Use, Management, and Repair) (24 months) of the Act.
[Matters of Special Agreement]
1. The cost of building management shall be 3.50,00 won each month paid by the lessee; and
2. If the lessee fails to pay monthly rent, deposit, etc. one or more times, the lessor may terminate the relevant contract, and the lessee shall not raise any civil or criminal objection even if he/she takes a short time, a fraction of money, etc. into consideration;
6. The lessor does not recognize the premium. 11. The rent for official electricity shall be calculated in the proportion of the existing amount of usage.
16. A lessor and a lessee shall observe the Commercial Building Lease Protection Act;
According to the instant lease agreement, the Defendant paid the Plaintiff the deposit of KRW 30 million by January 31, 2017, and subsequently prepared to commence the business with the trade name “E” on March 13, 2017.
On December 5 and December 21, 2018, the Defendant notified the Plaintiff of the renewal of the instant lease agreement through the proof of the content twice on December 5, 2018.
However, the Plaintiff notified the Defendant of the termination of the instant lease agreement through the certification of the content of January 2, 2019, and filed the instant lawsuit against the Defendant on January 29, 2019, claiming the payment of the evacuation and overdue electricity of the instant commercial building, but on April 17, 2020.