1. As to the Plaintiff (Counterclaim Defendant) KRW 2,376,417 and KRW 1,504,680 among them, the Defendant (Counterclaim Defendant) shall have the effect on December 28, 2016.

A principal lawsuit and a counterclaim shall be deemed as the same.

Basic Facts

The defendant is the owner of Songpa-gu Seoul apartment 1502 (hereinafter "the apartment of this case"), and the plaintiff is the lessee of the apartment of this case from the defendant.

On January 11, 2014, the Plaintiff entered into a contract with D, an agent of the Defendant, to lease the instant apartment with a fixed term of KRW 260,00,00 for the lease deposit, and the lease term of the instant apartment from March 15, 2014 to March 14, 2016 (hereinafter “instant lease contract”). At that time, the Plaintiff paid the full amount of the lease deposit and used the instant apartment upon delivery.

On December 31, 2015, the Plaintiff notified D of the absence of intention to renew the instant lease agreement by means of mobile phone text messages.

On January 4, 2016, the Plaintiff heard the phrase that water flows from E residing on the lower floor below the apartment of this case, and requested D to perform repair work for the leakage phenomenon of the apartment of this case by means of mobile phone text messages. Accordingly, the Defendant performed repair work of the apartment of this case through E, a construction business operator.

On December 22, 2016, the Plaintiff retired from the instant apartment.

On April 11, 2017, the Defendant deposited KRW 260,000,000 as the deposit money for the lease contract of this case on the ground of the Plaintiff’s refusal to receive the lease deposit under the Seoul Northern District Court No. 1742, which was pending the instant lawsuit, on April 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 11, Eul evidence Nos. 1, 2, 3, and 9 (including each serial number, if any; hereinafter the same shall apply) and the overall purport of the pleadings, the plaintiff's claim for return of the lease deposit, and the plaintiff's claim for return of the deposit for the counter-lease lease from the defendant on March 15, 2014. The apartment of this case leased by the defendant on March 15, 2014 was delivered to the defendant around that time, and the plaintiff paid 260,000,000 won to the defendant on behalf of the defendant on December 31, 2015.