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1. On March 10, 2015, the Plaintiff (Counterclaim Defendant) shared with the Defendant (Counterclaim Plaintiff) KRW 10,946,750 and the Plaintiff’s counterclaim.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 29, 2008, the Plaintiffs entered into a lease agreement with Defendant E on July 29, 2008, stating that the lease deposit was KRW 50,000,000, monthly rent of KRW 3,000,000 (including management expenses, KRW 650,000 and surcharges), and the lease term was from July 29, 2008 to July 28, 2009, including that the lessor was not entitled to receive KRW 50,00,000 from the Defendants, and the Defendants were operating a Handphone store from the instant store to the “G”.
B. The instant lease agreement has been renewed several times at the time of the expiration of the above lease term with the lessee as the Defendants (hereinafter “instant lease agreement”). D. The lease agreement, which has been renewed several times from the first lease term, has been renewed.
On October 1, 2014, the Plaintiffs expressed to the Defendants the intent to terminate the instant lease agreement on the grounds that the Defendants did not pay the rent more than three occasions, and this reached the Defendants on October 2, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 2, 11, and 12, witness H and I's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The monthly rent for the instant store claimed by the Plaintiffs was increased three times. On July 29, 2012, the amount of monthly rent for the instant store increased to 5,565,000 won, including management expenses and value-added tax. On October 1, 2014, the Defendants, in arrears, expressed on October 1, 2014 that the instant lease contract was terminated on the grounds that the Defendants were in arrears at least three times. However, even after the Defendants expressed their intention to terminate the instant lease, the instant store was located until December 31, 2014.