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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) an indication 1, 2, 3, 3. of the attached sheet among the buildings listed in the attached list;
Reasons
1. Determination on the main claim
A. 1) On February 25, 2014, the Plaintiffs indicated the annexed drawing of the building indicated in the separate sheet owned by the Plaintiffs (hereinafter “instant building”) between the Defendant and the Defendant on February 25, 2014
(2) As to the instant building, the Defendant did not pay a rent under the instant lease contract from September 2017 to January 19, 2018, on the following grounds: (a) concluded a lease agreement with the terms that the lease deposit is KRW 50 million, monthly rent 4 million (excluding value-added tax); (b) from April 1, 2014 to March 31, 2019; and accordingly, the Plaintiffs received the lease deposit from the Defendant and delivered the instant building to the Defendant around that time; (c) however, the Defendant did not pay a rent under the instant lease agreement from December 5, 2017 to January 19, 2018.
3) The Defendant’s overdue rent is 52,80,000 won (4.4 million won x 12 months) in total from September 2017 to August 31, 2018.
B. According to the above facts, the lease contract of this case was lawfully terminated at the time it was delivered to the Defendant on the ground that the Defendant, as the lessee, did not pay rent more than three times.
Therefore, the Defendant delivered to the Plaintiffs a portion of 90 square meters on the ship (A) connected in sequence 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the buildings indicated in the separate sheet, which are the leased object of this case, among the buildings indicated in the separate sheet, which are the leased object of this case, to the Plaintiffs. Since the Defendant’s overdue rent was deducted from the lease deposit, the Defendant’s overdue rent was deducted from all, as sought by the Plaintiff, the amount calculated at the rate of KRW 4,40,00 per month from September 1, 2018 to the completion date of delivery of the building of this case.