A. On May 18, 2010, the Plaintiff: (a) purchased a lease deposit of KRW 10,000,000 on the left-hand side of the second floor; (b) KRW 62.04 square meters on June 4, 201; (c) the lease period of KRW 600,000 from June 5, 2010 to June 4, 2012 (hereinafter “instant lease agreement”); and (d) carried on divers and skin management business with the trade name “E” at the said store.

On June 5, 2013, after the above lease contract was implicitly renewed, the Lessee entered into a renewal contract extending the lease term by June 4, 2014 under the same condition as the Counterclaim Defendant.

B. In order to operate the indoor ske driving range (hereinafter “instant driving range”) with the trade name “F” on the first floor of the instant building, the counterclaim Defendant opened the said driving range from December 23, 201 to February 201, and opened the said driving range on February 10, 2012.

Since then, the counterclaim Defendant continued construction of screen machinery in the resting room for three days, and around March 17, 2014, the construction of the above golf driving range was carried out on a tent of the above golf driving range.

C. On May 29, 2015, upon the termination of the instant lease agreement, the Lessee removed the facilities within the instant store, and then delivered the said store to the Counterclaim Defendant.

[Grounds for Recognition: Evidence Nos. 1, 2, Gap evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. Counterclaim Plaintiff’s assertion that the counterclaim Defendant did not take any measures, such as soundproofing devices, while carrying out construction of the instant golf range facilities from the end of 2011 to the beginning of February 2012. The noise generated in the course of operating the said underground golf course and tobacco smoke were connected to the instant store through the stairs passage connected to the instant store.