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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 15,00,000,000 against the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On September 3, 2014, the Plaintiff entered into a lease agreement with E, the owner of a D hotel building located in Sincho-si, Si, to lease approximately 80 square meters of entertainment taverns on the first floor underground of the said building (hereinafter “instant main shop”) as follows (hereinafter “instant lease”).
(See Evidence A 2). Deposit amount: One million won per month: A period of KRW 2 million: From October 5, 2014 to 36 months, the lessee (the plaintiff; hereinafter the same shall apply) pays to the lessor (E; hereinafter the same shall apply) the lessee is unable to sublease or transfer the right of lease without the lessor’s consent (Article 1) (Article 3). If the lessee fails to pay the rent more than twice or violates Article 3, the lessor may terminate the lease contract (Article 4). If the lease term of this case expires, the lessee shall restore the main points of this case to the lessor and deliver it to the lessor (Article 4).
b. However, if a lessee succeeds to a store to a third party during the contract period, he/she may demand the third party to pay the above facility cost agreement amounting to four million won (Article 5) (Article 5). The lessee recognizes that all the facilities and equipment at the main point of this case are owned by the lessor and bears the responsibility to manage them in good faith. The reinforcement of the facilities requires the lessor’s consent, and the lessee’s repair of the defective facilities shall be the key for use while the lessee repairs the defective facilities (Article 7). In the event the contract is terminated or terminated, the lessee shall perform all the procedures necessary for transferring the business license to a person designated by the lessor (Article 7).
B. On December 11, 2014, without the consent of E, the Plaintiff entered into a sub-lease agreement with the Defendant to sublease the instant main points as follows (see subparagraph 1 of the sub-lease), and received KRW 25 million from the Defendant around that time.
Deposit: 300,000 won per month: From December 10, 2014 to December 12, 2016.