1. According to the counterclaim that the court changed to an exchange in this court, the plaintiff (the counterclaim defendant) 43.

In the first instance court's trial scope, the plaintiff filed a claim against the defendant for the return of the leased object due to the termination of the lease contract, and the defendant filed a claim for damages against the plaintiff for the non-performance of the obligation.

The first instance court dismissed both the plaintiff's principal claim and the defendant's counterclaim, which only the defendant appealed against the defendant among the judgment of the first instance, and then changed the counterclaim to exchange it with seeking the return of the lease deposit.

Therefore, the scope of this court's judgment is limited to the part of the claim for the return of the deposit for the counter-appellant that has been exchanged in the trial.

Basic Facts

The Plaintiff, on January 19, 2017, provides that the building listed in the separate sheet (hereinafter “instant store”) shall be KRW 80 million, KRW 4.3 million per month, and KRW 4.3 million per month (in addition to value-added tax, payment in advance on the last day of each month), and from February 1, 2017 to March 31, 2019 (the lease term under the lease contract is from April 1, 2017 to March 31, 2019). However, Article 8 of the aforementioned special agreement provides that “No rent exists for February 1, 2017 to March 2, 201.” In consideration of the fact that construction works in the surrounding area of the instant store have not been completed, the Plaintiff may lease the building without permission to the Defendant to occupy the said store from February 1, 2017 to March 31, 2017).

The above lease contract between the plaintiff and the defendant is "the lease contract of this case".

The Defendant paid the Plaintiff the rent from April 2017 to July 2017 under the instant lease agreement, but did not pay the rent from August 2017.

On October 16, 2017, the Plaintiff sent a written notice to the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s delay of rent, and the said written notice reached the Defendant around that time, and the instant lease contract was terminated.