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1. The Defendant (Counterclaim Plaintiff) is indicated in the attached Table from November 27, 2016 to KRW 13,140,313 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 10, 2005, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on the third floor 240 of the real estate listed in the separate sheet (hereinafter “instant store”) and renewed each year. The terms and conditions of the lease agreement renewed from November 1, 2015 to October 31, 2016 are as follows.
(1) Lease deposit: 40,000 won: 1,122,00 won per month until February 2016, and 1,320,000 won per month after March 2016 (including value-added tax) and (3) The late payment charge by March 15 of each month: 10% of the overdue rent in the first month and 1.3% per month from the following month.
B. On November 29, 2013, the Defendant entered into a sublease contract between the Plaintiff and the Plaintiff to rent 44.10 square meters (including a co-owned area) of the instant store (hereinafter “instant sublease contract”) on the following terms: (a) paid the deposit money to the Plaintiff; and (b) provided the Plaintiff with the delivery of the instant store, and (c) provided the Plaintiff with the delivery of the instant store.
(1) The deposit for sublease: 50,000 won per month: 1,50,000 won per month; 26th day of each month; and value-added tax (10% per month at the time of issuing a tax invoice): The rent to be paid by the Plaintiff to the non-party company and the management expenses to be paid by the shop operating committee (hereinafter referred to as the "rent"; the above rent that the Defendant has to pay on a deposit basis under the sub-lease contract; hereinafter referred to as the "rent") may be paid by the sub-lessee. (4) The overdue charge from November 26, 2013 to November 25, 2015: 5% of the rent in arrears from the first one month; 6% of the rent in arrears from the next month to the next month; 6% of the monthly rent in arrears from the next month; and 6% of the rent in arrears may be immediately terminated if the rent in arrears reaches the amount of the rent in the second period, and the shop and the shop shall be terminated at the time.
C. The Defendant, from October 26, 2014, did not pay a rent or terminate a sublease contract, to the Plaintiff.