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1. The Defendant (Counterclaim Plaintiff) receives KRW 19,014,303 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. (1) On December 26, 2017, the Plaintiff: (a) leased the instant real estate to the Defendant on December 26, 2017, KRW 20 million; (b) KRW 1.1 million per month; (c) management expenses (excluding value-added tax); and (d) KRW 351,600 per month; and (c) rent and management expenses shall be paid on the 30th day of each month; and (d) from January 1, 2018 to December 31, 2019 (the said lease is referred to as the “instant lease”).
(2) On the other hand, the part related to this case in the terms of the above lease agreement is as follows.
Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.
B. However, from March 2018, the Defendant did not pay the rent for four months, and on July 2, 2018, the Plaintiff sent to the Defendant a certificate of content that “the instant lease is terminated due to the Defendant’s failure to pay the rent for three months,” and the content certification reached the Defendant around that time.
C. Meanwhile, by August 2019, the Defendant, while running a singing room business on the instant real estate, paid the Plaintiff money equivalent to the rent and management expenses. Of the rent and management expenses for February 2019, the Defendant paid KRW 896,832, among KRW 1,882,529.
On August 24, 2019, the Defendant completed the singing business and started restoration of the real estate of this case to the original state.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 12, 15, 17, and 19, the purport of the whole pleadings
2. Determination on the main claim
A. Although the Plaintiff 1’s summary of the parties’ assertion terminated the instant lease agreement, the Defendant continues to possess the instant real estate and engage in singing business.
Therefore, the defendant's rent from the plaintiff to February 2019, at the deposit amount of KRW 20 million under the instant lease agreement.