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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 5,600,000 to the Plaintiff (Counterclaim Defendant) and its objection from June 6, 2020 to September 4, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 2, 2014, the Plaintiff leased the entire three floors of the Seo-gu Seoul building located in Gwangju-gu (hereinafter “instant building”) owned by the Plaintiff (hereinafter “instant commercial building”) to the Defendant at KRW 30,000,000, monthly rent of KRW 350,000 (including management expenses), and from May 25, 2014 to May 24, 2016, the period of lease was determined and leased to the Defendant with the trade name “D.”
B. On July 25, 2016, the Plaintiff and the Defendant increased the monthly rent to KRW 3,700,000 (including management expenses) and concluded a lease agreement on the instant commercial building again, and thereafter, the instant commercial building lease was implicitly renewed.
C. On March 12, 2019, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff had no intention to renew the instant commercial building lease by restoring the commercial building to its original state by June 13, 2019,” and the said certificate of content reached the Defendant on March 14, 2019.
On September 14, 2019, when six months have elapsed since the notice of termination of the tenant’s contract was received, the Defendant sent to the Plaintiff a certificate of content that “as the instant commercial building lease was terminated, the Defendant cooperates with the subsequent tenant to recover the premium.”
On April 25, 2019, the Defendant entered into a contract to receive KRW 210,000,000 for the premium in return for transferring the property value (type property: interior, facilities, office fixtures, etc., intangible property: business know-how, business sales, floor premium, etc.) of E and the instant commercial building, and received KRW 20,00,000 as the down payment.
(hereinafter “The instant premium contract”). According to the instant premium contract, E may increase rent of KRW 40,00,000 and monthly rent of KRW 4,100,000 under the existing terms and conditions of lease at the time of entering into a new lease contract with the Plaintiff, and if the deposit and rent are increased, E shall pay the Defendant the premium.