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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,717,480 to the Plaintiff (Counterclaim Defendant) and its related amount from September 3, 2016 to September 21, 2017.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. From around 2005, the Defendant: (a) leased from the Plaintiff, the number of stores 2, 3, 8, and 9 (hereinafter “instant real estate”); and (b) operated the business on April 1, 2015, the Defendant prepared a lease agreement with the Plaintiff on the following table.
(hereinafter “instant lease agreement”). On March 31, 2016, 201, 23, 50,000,000 won 3,410,000 won for the instant real estate on March 31, 2016, the date of expiration of the lease deposit for monthly rent (including value-added tax) lease; KRW 660,000 for the instant real estate 95,00,000 for KRW 660,000 for the instant real estate on March 31, 2016.
B. After the Defendant’s continuous delay of the monthly rent, the Plaintiff and the Defendant, as indicated in the attached Form on June 30, 2015, paid KRW 30,00,00,00, which was reduced by the Defendant from the total unpaid rent of KRW 42,258,640 up to November 30, 2015 (including KRW 12,258,640) to the Plaintiff by November 30, 2015, and paid the monthly rent of this case in compliance with the payment period, and if the Defendant fails to comply with the payment schedule of the unpaid rent and the payment period of monthly rent, the rental contract shall be terminated after deducting the unpaid rent from the payment period prior to the settlement date of the real estate rental deposit of this case, and the lease contract shall be terminated after deducting the unpaid rent of the real estate of this case from the first contract date to KRW 3,740,00 (including value-added tax), KRW 1,150,000 (including value-added tax).
C. The Defendant failed to pay KRW 30,000,000 to November 30, 2015, which is the date of the above written agreement, and paid KRW 20,000,00 to the Plaintiff on December 19, 2015.
【Unfounded grounds for recognition】 The facts without dispute, Gap evidence 1 through 3, Eul evidence 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff (the main claim) of this case.