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1. The Plaintiff (Counterclaim Defendant) paid KRW 18,769,344 to the Defendant (Counterclaim Plaintiff) and its related amount from September 11, 2018 to April 16, 2019.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On August 4, 2014, the Plaintiff: (a) leased the instant store to the Defendant by setting the lease deposit amount of KRW 40 million; (b) monthly rent of KRW 1870,000 (including additional taxes); and (c) from August 8, 2014 to August 7, 2016 (hereinafter “instant lease agreement”).
(2) On August 8, 2016, the Defendant paid a lease deposit to the Plaintiff, and operated a mutual focus on “C” at the instant store. (2) The instant lease agreement was renewed on August 8, 2016 due to the Defendant’s failure to notify each other of the refusal of renewal.
B. 1) The Defendant’s father D, on behalf of the Defendant, agreed to notify the Plaintiff of the termination of the instant lease agreement and to conduct business until the end of July 2017. On July 20, 2017, the Plaintiff entered into a lease agreement with E and the instant store to lease KRW 30 million, monthly rent of KRW 1,925,00 (including additional tax) and the instant store to deliver the instant store by August 30, 2017. 2) The Plaintiff and the Defendant changed the date of delivery of the store two times, but requested the Plaintiff to deliver the instant store to the Defendant by the end of August 26, 2017. However, the Plaintiff agreed to deliver the instant store from the date of delivery to the Defendant to the date of delivery, the Plaintiff agreed to deliver the said store from the date of delivery to the Defendant until the date of delivery to the Plaintiff, and the Defendant agreed to deliver the said store from the date of delivery to the date of expiration of the lease agreement to August 26, 2017.
Until now, the instant store was delivered again agreed to deliver.
3. On August 26, 2017, at the instant store, the Defendant and D collected development range and breamer, etc., and completed restoration works, and notified the Plaintiff of the fact, but some of the collection equipment, such as Tebbles and chairs, were left behind.