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1. The counterclaim claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. The assertion of the Counterclaim Plaintiff
A. On November 28, 2013, the counterclaim Defendant leased D a store with a size of 147 square meters (hereinafter “instant store”) of the total rent deposit of KRW 15 million and monthly rent of KRW 1 million.
Around August 2, 2017, the Lessee decided to conduct the instant store business with D and D, thereby paying KRW 600,000 per month to D as interest name for KRW 15 million paid by D to the Plaintiff.
Accordingly, on July 21, 2017, a new real estate lease contract was made between the original defendant and the original defendant.
B. After that, the Counterclaim Plaintiff paid 14 million won as premium to D and operated the main business at the instant store by October 9, 2018, because D would no longer operate a business on December 2017.
C. On January 26, 2018, the Lessee was issued with D a written statement stating that “The Plaintiff shall receive KRW 39 million in total, including KRW 14 million, KRW 15 million, KRW 15 million, and KRW 10 million, out of the amount installed by the Defendant in violation of D contract.”
The counterclaim Defendant filed the instant principal lawsuit, even though he/she had paid KRW 2 million on the condition that the counterclaim Defendant did not institute a clear lawsuit, even though he/she had paid KRW 10,400,000,000, monthly rent of KRW 1.3 million from March 2018 to October 9, 2018.
E. In addition, around August 17, 2018, the counterclaim Defendant permitted D to operate his business at the instant store without obtaining permission from the Counterclaim Plaintiff.
F. Therefore, the counterclaim Defendant: (i) deducted the Plaintiff from the monthly rent of KRW 8.4 million, the unpaid monthly rent of KRW 15 million ( KRW 10.4 million - KRW 2 million); (ii) deducted the remainder; (iii) KRW 6.6 million; and (iv) KRW 15 million pursuant to Article 7 of the Lease Contract (Article 7 of the Lease Contract) due to the breach of the Agreement by the counterclaim Defendant; and (iv) KRW 15 million interfere with the Plaintiff’s exercise of rights by the counterclaim Defendant.