1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. As to KRW 166,639,762 and KRW 148,50,000 among them, August 1, 2020

1. Basic facts

A. The Plaintiff purchased the instant commercial building from the Defendant on December 1, 2017, and completed the registration of ownership transfer on January 11, 2018. (2) On December 2, 2017, the Plaintiff leased the instant commercial building under the Defendant’s trade name “C” (including value-added tax) from January 10, 2018 to January 9, 2023, with a deposit of KRW 100 million, the lease period from January 10, 2018 to January 2, 2023 (including value-added tax), and the rent of KRW 500,000 (hereinafter “instant lease”).

B. The Defendant, including the Defendant’s unpaid rent and management fee, paid the Plaintiff the rent and management fee prescribed in the instant lease agreement from January 2018 to April 2018, but was in arrears from May 2018 to May 2018.

The Defendant’s unpaid rent from May 2018 to August 9, 2020 is 148,50,000 won (=5,500,000 won per month x 27 months) and the unpaid management fee from May 2018 to January 2019 is 18,139,762 won (attached Form 1 management fee list).

C. Around January 2019, the Defendant’s notification of the Defendant’s intention to discontinue the business of the instant commercial building and the Defendant reported the closure of the business. Around January 2019, the Defendant posted a notice stating that “C contact. To the end, I will come up with the auditor’s thickness.” The Defendant posted the notice at the entrance of the instant commercial building, and closed the business on March 31, 2019.

The defendant's key keeping of the defendant's key was requested by D Licensed Real Estate Agent's Office on February 2019 to lease the commercial building of this case, and the defendant left the key of the commercial building of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3-1, 6, 7, 8, Eul 1, 2 and 3, the purport of the whole pleadings

2. We also examine the arguments of the parties to the principal lawsuit and counterclaim.

A. In the center of the Plaintiff’s assertion, the Defendant unpaid the rent and management fee of the instant commercial building from May 2018.

The instant lease agreement was not terminated, and is still in progress, so the Defendant is unpaid to the Plaintiff from May 2018.