A. On September 27, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 40 million, monthly rent of KRW 600,000,000, and the lease period from October 26, 2013 to October 26, 2015 (hereinafter “instant lease agreement”), and paid KRW 40,000,000 to the Defendant.

B. On October 26, 2013, the Plaintiff discovered mycoin in the building window at the expiration of one month after the delivery of the instant building, and contacted the Defendant. On January 29, 2014, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract cannot be terminated and that the car cannot be paid due to mycoin, etc. arising from the instant building.

C. The Plaintiff is a funeral with occupation, and the Plaintiff stored veterinary items, etc. necessary for funeral business in the above building while occupying the instant building, and did not pay as from January 26, 2014.

On July 6, 2015, the Plaintiff resided in the instant building and delivered the instant building to the Defendant. On September 7, 2015, the Defendant paid KRW 20 million to the Plaintiff as the refund of deposit for lease.

[Ground for Recognition: Facts without dispute; Gap evidence 1, 5, 9 through 12, 15-20, 29-29 (including each number), Gap evidence 2-1, Eul evidence 2-2, and the purport of the whole pleadings]

2. The parties' assertion

A. The Defendant did not perform any repair duty as a lessor, even though the Plaintiff, which caused the Plaintiff’s principal claim, was fung in advance of the lapse of one month after entering into the instant lease agreement, and the Plaintiff could not live a normal life in the said building.

Therefore, the Plaintiff may not only refuse the payment of rent, but also terminate the instant lease contract on the grounds of the Defendants’ nonperformance of the repair obligation, and January 29, 2014.