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1. The Defendant (Counterclaim Plaintiff) is from 86,00,000 to 86,000 won from the Plaintiff (Counterclaim Defendant) to 15, 206 in the attached Table from June 15, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the third floor building listed in the attached list (hereinafter “instant building”).
B. On July 4, 2012, the Plaintiff leased the part of the first floor among the buildings listed in the attached list to the Defendants as KRW 100,000,000, KRW 2,500,000, KRW 15,000, and KRW 4 years from July 15, 2012 to July 14, 2016.
The Plaintiff and the Defendants concluded a lease agreement on the whole first floor, and concluded two contracts with Defendant C as to the lease of 1/3 shares of the building, and 2/3 shares of Defendant B’s lease of 2/3 shares of the building. The fact that the Defendants jointly leased the whole first floor of the building under the aforementioned conditions does not conflict between the parties.
The Plaintiff and the Defendants agreed to set the monthly rent of KRW 3,00,000 as a special agreement from July 15, 2014, when concluding the said lease agreement.
C. The Plaintiff, in the past, was operating a restaurant called “Dcafeteria” in the neighboring areas of the instant building, and closed around December 2010. During the instant lease agreement, the Plaintiff permitted the Defendants to use the said trade name.
Accordingly, the Defendants operate a mutually named restaurant "D cafeteria" on the first floor of the instant building.
(hereinafter “instant store”). D.
The Defendants did not pay the difference on July 15, 2014, August 15, 2014, and paid to the Plaintiff the difference of KRW 5,000,000 as the aggregate on September 15, 2014, and thereafter, paid the difference of KRW 2,50,000 per month as in the previous case.
E. On October 28, 2014, the Plaintiff sent to the Defendants the “Contents Certification of the Request for Rent Payment and the Notice of Termination of Lease” on the ground that the overdue rent falls under KRW 4,500,000, and on November 24, 2014, on the ground that the overdue rent falls under KRW 5,000,000, the Plaintiff sent the “Contents Certification of the Notice of 2 Demand for Rent Settlement and the Notice of Legal Commencement” to the Defendants and notified the Defendants of the demand for rent payment and the conditional termination.
[Grounds for recognition] without dispute;