A. On June 6, 2012, the Plaintiff: (a) leased the Plaintiff’s 702 and 703 (hereinafter “instant private teaching institute”) from the Defendant for a lease deposit of KRW 60 million, monthly rent of KRW 3 million (hereinafter “instant lease agreement”); and (b) operated the Bodo-based Private Teaching Institute.

B. On December 15, 2016, the Plaintiff delivered the instant private teaching institute to the Defendant on the same day on which the lease contract of this case expired.

C. Monthly rent in arrears of the Plaintiff is KRW 42,400,000 in total and KRW 4,311,330 in arrears management expenses.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the facts found in the judgment on the claim of the principal suit, the Plaintiff was obligated to pay to the Defendant delay damages at the rate of 13,288,670 won calculated by deducting the total amount of monthly rent and management fee in arrears from KRW 60,000,000, plus KRW 46,711,300, from the lease deposit to the date of full payment, barring any special circumstance, and the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 10, 2017 to the date following the delivery of the duplicate of the instant complaint.

3. Judgment on the defendant's main defense and counterclaim

A. (1) At the time of the instant lease contract, the Plaintiff agreed that “the Plaintiff shall restore to its original state upon the termination of the contract,” and D, the former lessee, installed signboards, cooling and heating facilities, floor temperature facilities, etc. for the operation of the instant private teaching institute, and transferred all of the above facilities to the Plaintiff. As such, the Plaintiff is obligated to restore to its original state before the said facilities are installed.

(2) On the other hand, 25.1 million won is required for restitution. Thus, the Plaintiff is obligated to pay 25.1 million won to the Defendant at the cost of restitution. Accordingly, the Defendant’s above claim against the Plaintiff amounting to KRW 25.1 million and the Plaintiff’s above claim amounting to KRW 13,288,670 against the Defendant.