1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

가. 원고는 2002. 6. 24. 피고에게 별지1 기재 부동산 1층 중 별지2 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈐ 부분 32.96㎡(이하 ‘이 사건 점포’라 한다)을 임대차보증금 1,000만원, 월차임 55만원(매월 29일 후불, 다만 2002. 7. 29.부터 6개월 동안은 월 50만원으로 감액하기로 함), 임대차기간 2002. 7. 29.부터 24개월로 각 정하여 임대하기로 하는 내용의 임대차계약을 체결하였다

(hereinafter “instant lease agreement”). B.

Under the instant lease agreement, the Defendant paid the lease deposit to the Plaintiff and received the delivery of the said store from the Plaintiff, and operated a mutual beauty room “C” at the same time, and renewed the lease contract.

C. On March 29, 2015, the Plaintiff and the Defendant agreed to maintain the same conditions and increase the monthly rent to KRW 600,000,000. The Defendant agreed to pay to the Plaintiff KRW 10,000 for monthly cleaning expenses and KRW 2,500 for monthly management expenses, as in the method of paying the monthly rent.

(hereinafter referred to as the "monthly rent, etc.") d. by referring to the above monthly rent, cleaning expenses and management expenses.

However, the Defendant unpaid the monthly rent from February 29, 2016, and the Plaintiff sent to the Defendant a certificate of the content that terminated the instant lease agreement on September 20, 2016. The above content certification reached the Defendant around that time, and thereafter, the Defendant occupies and uses the instant store until now.

E. After the date of closing argument in the judgment of the court of first instance, the Defendant appears to be the depositee, and the Defendant appears to have written the Plaintiff’s statement “from February 29, 2016 to May 28, 2017,” which was written by the Defendant in the fact that the deposit was due from February 29, 2016 to May 28, 2017, as Seoul Northern District Court No. 2923, Jun. 21, 2017.”

The monthly rent of 9 million won (600,000 won per month x 15 months) the cleaning fee of 90,000 won (=10,000 won per month x 9 months), management expenses.