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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) receives KRW 29,750,000 from the Plaintiff (Counterclaim Defendant) and simultaneously receives the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 30, 2015, the Plaintiff leased the lease deposit amount of KRW 250 million, monthly rent of KRW 10 million, and the period of April 29, 2020 to the Defendant, among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) as indicated in the attached list owned by the Plaintiff (hereinafter “instant building”).
(hereinafter “Lease of this case”). (b)
The Plaintiff and the Defendant stipulated, as the special terms and conditions of the instant lease agreement, the term of the contract shall be five years, but the building shall be notified three months in the case of reconstruction. In the case of sub-building, 20 million won per year for the remainder of the building shall be the period for compensation to the revenue. At the same time, the Plaintiff and the Defendant determined
C. Around July 3, 2015, the Defendant completed business registration with the trade name “C” and operated restaurant business at the instant store.
On October 8, 2015, the Plaintiff and the Defendant filed a lawsuit with Seoul Eastern District Court 2015No. 360 (hereinafter “instant lawsuit telephone,” and accordingly, made a protocol of compromise (hereinafter “instant protocol of compromise”).
The main contents are as follows:
1. If the monthly rent exceeds 2 months, the Plaintiff may terminate the contract after notifying the Defendant. In this case, the Defendant shall lose the benefit of the lease, immediately order the leased object, and the Plaintiff may dispose of outside facilities and equipment in the restaurant at his/her discretion. In this case, the Defendant shall not demand that the Plaintiff bear any expenses.
2. When the defendant retires from a restaurant, he/she shall restore the part requested by the plaintiff (the place where the defendant alters the building) to its original state, and if the defendant does not do so, the plaintiff shall restore to its original state, and the expenses shall be paid to the plaintiff
4. The defendant shall take measures to ensure that civil petitions do not occur by eating, smelling, noise, etc. from adjoining neighbors while operating a restaurant, and shall take measures immediately when civil petitions occur.