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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 19, 2017, the Plaintiff provided that the building listed in the attached list owned by the Plaintiff (hereinafter “instant store”) in the attached list (hereinafter “instant store”) shall be KRW 80 million, KRW 4.3 million per month, and the term of the lease from February 1, 2017 to March 31, 2019 (the term of the lease under the lease agreement shall be from April 1, 2017 to March 31, 2019), but Article 8 of the terms of the said special agreement provides that “No rent shall be rents for February 1, 2017 and March 2, 2019.” In consideration of the fact that the construction work around the instant store was not completed, the Plaintiff permitted the Defendant to lease the said building without permission from February 1, 2017 to March 31, 2017).
(hereinafter “instant lease agreement”). Article 2 of the instant lease agreement provides that the lessor shall deliver the said real estate to the lessee in a condition that he/she can use and benefit from the said real estate for the purpose of the lease.
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B. The Defendant paid to the Plaintiff the amount of the rent for April 2017 through July 7, 2017 under the instant lease agreement, but did not pay the rent for August 2017 and thereafter.
C. On October 16, 2017, the Plaintiff sent to the Defendant a written notification that the said lease contract is terminated on the grounds of the delinquency in rent under the instant lease agreement, and the said written notification reached the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap's statements (including each number, if any, hereinafter the same shall apply), the whole purport of pleading
2. Determination on the main claim
A. The gist of the Plaintiff’s assertion was terminated by the Plaintiff’s exercise of the Plaintiff’s right to terminate the lease contract on the grounds of the Defendant’s delay. The Defendant deducted the rent, unjust enrichment, and damages for delay calculated from August 1, 2017 to August 1, 2017 by the rate of KRW 4,730,000 per month from August 1, 2017 to the completion date of delivery of the building of this case.