1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) building from October 1, 2015 to October 1, 2015.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On June 21, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 200 million, monthly rent of KRW 6 million, and 24 months from the delivery date of the period.

B. The Defendant paid to the Plaintiff KRW 192 million out of the deposit, and paid KRW 15 million as premium on June 26, 2012, and received delivery of the instant building on July 1, 2012, and thereafter, operated the telecom from the instant building until now.

C. The Defendant paid the Plaintiff a total of KRW 94 million with the rent up to October 2013 from the date of delivery of the instant building, and thereafter, did not pay the rent at all.

On April 7, 2014, the Plaintiff concluded a new lease agreement with Nonparty C on the instant building and agreed to deliver the said building to Nonparty C by June 30, 2014.

E. The Plaintiff failed to deliver the instant building on the date of promise to C, and paid C compensation for KRW 21 million with penalty, damages, etc.

F. On March 9, 2015, the Plaintiff notified the Defendant of his intention to surrender the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 6, 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) Although the Defendant paid the Plaintiff rent of KRW 6.6 million, including the value-added tax, as stipulated under the instant lease agreement, from July 1, 2012 to May 2015, the Defendant paid only KRW 94 million out of the total rent of KRW 231 million, which occurred during the period from July 1, 2012 to May 2015. As such, the Defendant is obliged to pay the remainder of KRW 137 million and damages for delay thereof (as to the unpaid deposit of KRW 8 million), the Defendant did not claim against the Plaintiff.