1. The plaintiff (the counterclaim defendant)'s main claim and the counterclaim's counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be individually counted.

1. Basic facts

A. On August 18, 2012, the Plaintiff: (a) indicated the same drawing among the first floor of the building listed in the separate sheet from the Plaintiff; (b) leased a deposit of KRW 7 million, monthly rent of KRW 45.72m2 in the ship (hereinafter “instant commercial building”) that connects each point in sequence; and (c) operated a restaurant at the instant commercial building by paying a deposit and paying a deposit around that time.

B. On October 15, 2013, the Plaintiff, the Defendant, and the Lessee: (a) changed the lessee to the Defendant; (b) entered into a new lease agreement with the deposit KRW 5 million; (c) the monthly rent of KRW 5 million; and (d) the period from October 15, 2013 to October 14, 2015; and (c) the Defendant paid a deposit and operated a restaurant at that time.

C. However, as the Defendant delayed to pay the monthly rent after November 2013, the Plaintiff sent to the Defendant a certificate of contents under which the above lease contract was terminated with the Defendant on the ground that the Plaintiff did not pay the monthly rent more than three times on March 10, 2013, and reached the Defendant around that time.

On the other hand, after the completion of the instant commercial building business on April 10, 2013, the Defendant notified F, who is operating “E” in the same D, that he/she will leave the key to the instant commercial building and find the Plaintiff.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number)

2. Determination on the main claim

A. According to the fact that the establishment of the obligation to pay monthly rent, etc. was acknowledged, the instant lease agreement was terminated on March 10, 2013 on the grounds that the Defendant’s delinquency in monthly rent was notified by the Plaintiff of the termination of the instant lease agreement.

As such, the defendant is obligated to pay the monthly rent from November 2013 to March 10, 2013 as requested by the plaintiff, and to pay damages or unjust enrichment equivalent to the monthly rent from April 2014 thereafter.

In regard to this, the defendant asserted that he paid the rent for November 2013, but there is no evidence to acknowledge it, so this part of the defendant's assertion is without merit.

(b).