beta
Text
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in Appendix 2, Appendix 1, and bb.
Reasons
1. Basic facts
A. On December 30, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit amount of KRW 20 million with respect to the portion (a) on the ship (hereinafter “instant store”) of KRW 133.1 square meters, which is successively connected each point of Annex 2, 1, 2, 3, 4, 5, 6, 1, among the first floor of the real estate listed in Annex 1 (hereinafter “instant building”), from December 1, 2012 to December 1, 2015 (hereinafter “instant lease agreement”).
B. On September 18, 2012, the Plaintiff entered into a lease agreement with Nonparty C, D, and the first floor 266.2 square meters (in relation to the registration matters certificate and the building register, the size thereof is 266.65 square meters) of the instant building by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 4.8 million (excluding value-added tax), and from December 1, 2012 to December 1, 2015. On the same day, the Plaintiff entered into a lease agreement with Nonparty E as to the instant store by dividing the leased portion into KRW 1/2, and entered into a lease agreement with Nonparty E as to the instant building from December 1, 2012 to December 1, 2015, and thereafter, entered into a lease agreement with Nonparty E as to the lease agreement with Nonparty E and Nonparty E as to the instant store from December 1, 2012 to December 31, 2012.
C. From January 2014, the Defendant operated a restaurant selling the instant store with the trade name “G” in the instant store. D.
On June 2014, the Defendant discovered the phenomenon in which rainwater is newly found at the ceiling of the instant store and notified Nonparty H (the Plaintiff seems to have actually been in charge of the instant building) of such fact. On that day, H inspected the drain hole on the second floor of the instant store as a result of the inspection of the drain hole with the roof of the instant store, which led to the draining of the relevant drain hole and the draining of rainwater.