1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

1. Basic facts

A. On June 4, 2012, the counterclaim Defendant: (a) leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Counterclaim Plaintiff as KRW 50 million per month; (b) concluded a lease agreement again by setting the deposit amount of KRW 50 million per month; and (c) around June 5, 2013; (d) around August 2, 2014, the lease agreement was concluded by setting the deposit amount of KRW 30 million per month; and (e) around June 2, 2017, the lease agreement was concluded again by setting the deposit amount of KRW 50 million per month; and (e) around June 2, 2017, the lease agreement was concluded by setting the deposit amount of KRW 30 million per month; and (e) the monthly rent of KRW 500,000 per month.

B. On June 12, 2017, the counterclaim Defendant terminated the lease agreement and filed a lawsuit seeking delivery of the instant real estate on the grounds that the counterclaim was in arrears with the payment of rent. On August 2, 2017, the counterclaim Defendant returned the key to the instant real estate to the counterclaim Defendant and withdrawn the instant real estate upon delivery.

C. After the termination of the instant real estate lease agreement, the counterclaim Defendant paid KRW 12,625,120,000,000,000,000 in arrears for 23 months, deducting KRW 1,150,000,000 from the overdue management expenses, and KRW 5,874,880 from the overdue management expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the counterclaim Defendant made a verbal agreement to guarantee the premium of KRW 30 million for the instant real estate after the termination of the instant real estate lease agreement, but it is insufficient to acknowledge that there was an agreement by which the Plaintiff asserted that there was an agreement by the Plaintiff on the sole basis of the descriptions of the evidence Nos. 8, 9, and 10 regarding the instant real estate. The Plaintiff’s assertion is without merit, on the grounds that there is no other evidence to acknowledge it.

B. On the grounds that: (a) the Plaintiff did not pay the rent for overdue rent and management expenses; (b) the Plaintiff did not occupy and use the instant real estate from July 3, 2017; and thus, (c) the Plaintiff did not occupy and use the instant real estate from July 3, 2017.