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1. The Defendant (Counterclaim Plaintiff) is written in the separate sheet from June 1, 2020 to June 1, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 5, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate, setting the lease term from November 8, 2019 to November 7, 2021, with the terms that the lease deposit amount is KRW 15 million per month, KRW 17 million per month, namely, tea (excluding value-added tax, and payment on the last day of each month), and the lease term is set as the lease term (hereinafter “instant lease agreement”).
The instant lease agreement provides that the lessor may terminate the lease agreement immediately if the lessee fails to pay the rent more than twice together.
(Article 4). (b)
Under the instant lease agreement, the Defendant paid KRW 15 million to the Plaintiff according to the lease deposit, and acquired the instant real estate from the Plaintiff and possessed and used it until now.
C. On May 18, 2020, the Plaintiff sent to the Defendant the instant lease agreement to the effect that “the said lease agreement is terminated on the grounds of arrears on April 2020 and May 5, 2020 among the rents under the instant lease agreement.” On May 19, 2020, the instant lease agreement is terminated on the grounds of arrears on May 2, 2020 and June 6, 2020, when the Defendant received the above notice on May 19, 2020 and paid only one-month rent.
‘A' sent a content-certified mail to the effect that the above notice was served on June 3, 2020. D.
Since then, the Defendant paid to the Plaintiff the rent for May 2020 according to the instant lease agreement, and did not pay the rent from June 2020 as of the date of closing the argument of the instant case.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 7, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the facts as seen earlier, as to the cause of the claim, the Defendant is in arrears under the instant lease agreement from June 2020 to June 1, 2020, and thus, the instant lease agreement contains the Plaintiff’s declaration of intention to terminate the said lease agreement on the grounds of overdue rent for at least two years, at latest.