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1. The Plaintiff (Counterclaim Defendant) paid KRW 1,612,903 to the Defendant (Counterclaim Plaintiff) and its related amount from October 25, 2016 to January 18, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 8, 2014, the Plaintiff leased the entire 1 and the 2nd floor of the D-ground Building in Heung-gu, Seodong-gu (hereinafter “instant lease agreement”) from the Defendant’s agent, the husband of the Defendant, with the following (hereinafter “instant lease agreement”), and accordingly, paid the Defendant KRW 50,000,000 (hereinafter “the instant lease deposit”).
In addition, the Plaintiff concluded a contract for acquisition and transfer of the right (hereinafter “instant facility acquisition agreement”) to acquire all the facilities and operating rights (hereinafter “instant facility acquisition agreement”) so that the Plaintiff may operate his/her business with a total premium of KRW 25,00,000 on behalf of the Defendant on the same day, and paid the said premium (hereinafter “the instant premium”) to the Defendant.
The lessor under Article 2 (Duration) of the Deposit Amounting to 50,000,000 won (the first day of each month) shall be delivered to the lessee by April 15, 2014 in a state in which the said real estate can be used for the purpose of the lease, and the lease period shall be from the delivery date to April 15, 2019 (60 months).
Article 4 (Termination of Contract) If the annual total amount of rent of a lessee falls short of the two terms of rent, or if the lessee violates Article 3, the lessor may terminate the contract without delay.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
(a) Matters of the special agreement;
1. The lessee may not claim against the lessor the facility and the premium.