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1. The Defendant (Counterclaim Plaintiff) shall pay 30,500,000 won to the Plaintiff (Counterclaim Defendant) and its payment from September 24, 2016.
Reasons
1. Determination on the main claim
A. Determination 1 on the cause of the claim is without dispute between the parties, or the following facts are recognized by comprehensively taking account of Gap evidence Nos. 1 through 9 (including paper numbers), the result of the appraisal commission to appraiser C of this court, and the overall purport of pleadings. A) On September 11, 2006, the plaintiff paid 27,000,000 won for the premium to E who operated the beauty room business in the trade name of "D," among the real estate listed in the separate sheet (hereinafter "the building of this case") on September 11, 2006 (hereinafter "the building of this case").
Then, on October 9, 2006, a lease agreement was concluded between F and F, the owner of the instant store, under which the instant store was leased up to KRW 10,000,000, monthly rent of KRW 1,500,000, and the lease term of October 9, 201, and accordingly, the said lease agreement was concluded and operated beauty room business under the delivery of the instant store.
On September 10, 201, the Plaintiff entered into a renewal contract with F to cover KRW 20,00,000 for the term of lease until September 9, 2016 (hereinafter “instant lease contract”) and accordingly paid KRW 10,00,000 for the increased amount of deposit.
B) The Defendant purchased the instant building from F and completed the registration of ownership transfer on September 1, 2015. Around June 8, 2016, the Defendant notified the Plaintiff that the Plaintiff would refuse to renew the instant lease agreement. As such, from June 13, 2016, the Plaintiff posted a notice on the part of the Plaintiff seeking a new lessee on Internet Kafbook, etc., and notified the Defendant of the request to cooperate with the Defendant around June 20, 2016. C) on August 9, 2016, the Plaintiff entered into a premium agreement with G to KRW 35,00,000 for the instant shop’s beauty room business, and notified the Plaintiff of the fact on August 17, 2016.