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1. The Defendant (Counterclaim Plaintiff) is indicated in the attached list to the Plaintiff (Appointed Party, Counterclaim Defendant) and the Selected Defendant C.
Reasons
A principal lawsuit and each counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 20, 2008, the Plaintiff (Appointed Party) and the Appointed Party C concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit deposit amounting to KRW 30,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 36 months from March 1, 2009, with respect to the entire underground floor among the real estate listed in the attached list (hereinafter “instant real estate”).
At the time, the Plaintiff (Appointed Party) and the Selection C, and the Defendant stated in the instant lease agreement that the lessee shall bear all the costs of removing or installing basic facilities (excluding septic tanks, drainage pumps), but does not bear the duty of restoration.
B. Thereafter, around February 24, 2012, the Plaintiff (Appointed Party) and the Selection Party C changed the terms of the instant lease agreement into KRW 30,000,000, monthly rent of KRW 2,180,000 (excluding advance payment and value added tax on March 1, 2012) and the term of lease from March 1, 2012 to February 28, 2013. Around March 18, 2013, the term of lease of the instant lease was extended to February 28, 2014.
At the time, the Plaintiff (Appointed Party) and the Defendant stated in the revised lease agreement the provision that “this case is a re-contract for one year, and the extension contract of the previous contract that is not specifically mentioned in the contents of the contract is equally applied to the previous contract (Attachment to the previous contract). Monthly rent is KRW 2,180,000 by raising KRW 180,00 from March 1, 2012 to KRW 2,180,000.”
C. The Defendant operated a sports hall in the instant real estate. From June 1, 2013 to June 1, 2013, the Defendant did not pay rent under the instant lease agreement. Accordingly, the Plaintiff (Appointed Party) and the appointed Party C were the Defendant on the ground that the rent is overdue by mail certified as of September 9, 2013.