1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 153,000,000 against the Plaintiff (Counterclaim Defendant) and its related amount from February 6, 2018 to August 17, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 23, 2016, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amounting to KRW 150,000,000 for the leased housing indicated in the attached list, with the term of the contract from July 31, 2016 to July 30, 2018, and the Plaintiff paid KRW 150,000 to the Defendant and resided in the instant housing.

B. However, from July 2017, water level began to stamper in the stamper, and there were various risks and fungs in the past.

Therefore, the plaintiff demanded the defendant to repair and take measures against this, but the defendant did not repair the house of this case.

C. In such circumstances, the Plaintiff requested the Defendant to terminate the agreement by deeming that the leased object could no longer be used for residential purpose, and the Defendant rejected the agreement.

On August 30, 2017, the Plaintiff sent the notice of termination of the instant lease agreement to the Defendant with the content certificate, and on November 8, 2017, the Plaintiff was a director of a house different from the foregoing house.

E. On February 5, 2018, the Plaintiff removed all animals remaining in the instant house and delivered the said house to the Defendant.

[Reasons for Recognition] Evidence Nos. 1 through 19, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Supreme Court precedents have the duty to maintain the lessee’s conditions necessary for the use and profit-making during the duration of the contract (Article 623 of the Civil Act). Therefore, in the event of a damage or impairment to the object, the lessor is not obliged to repair if it does not interfere with the lessee’s use and profit-making without any separate cost. However, if it is not repaired, the lessor is not obliged to repair. If it would be difficult for the lessee to use and profit-making according to the purpose determined by the contract, then the lessor is obligated to repair.