1. The Defendant (Counterclaim Plaintiff) paid KRW 8,113,00 to the Plaintiff (Counterclaim Defendant) for KRW 8,113,00 and its amount from November 25, 2016 to October 19, 2017.

The main lawsuit and counterclaim shall be examined together.

1. Facts of recognition;

A. On October 1, 2013, between the Plaintiff’s agent C and the Plaintiff, the Plaintiff entered into a lease agreement with the Defendant to lease the building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant leased building”) with the lease deposit of KRW 4 million, monthly rent of KRW 250,000 (hereinafter “instant lease agreement”). The Plaintiff paid the lease deposit to the Defendant and resided in the instant leased building around that time, and continued to reside after the expiration of the lease agreement.

B. On August 9, 2016, around 17:50 on the occurrence of fire and fire by fire, and around the instant leased building destroyed most of the leased buildings (hereinafter “instant fire”) and destroyed the leased building, making it impossible to achieve the purpose of the lease agreement.

C. As a result of the investigation into the cause of the instant fire by the Yeongdeungpo Fire Fighting Team, it concluded that the fire fighting team, which caused the fire, is highly likely to be fired by the sprink that the electric wires emitted in the ceiling of the leased building of the instant case, are proceeding at the places where the wires were cut, and that the fire conditioning occurred as a result.

On October 10, 2016, the Defendant notified the Plaintiff that the instant lease contract will be terminated on the grounds of the delinquency in rent.

E. As of the date of termination of the lease agreement, the Plaintiff did not pay the Defendant a total of KRW 2.25,000,000,000.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 4 and 5, fact inquiry results to the chief of Yeongdeungpopool fire station of this court, the whole purport of the pleading

2. Determination as to the claim on the principal lawsuit

A. According to the above facts as to the claim for the refund of the lease deposit, according to the termination of the lease contract of this case, the defendant is obligated to refund the remaining lease deposit amount of KRW 1.75 million after deducting the overdue rent of KRW 2.25 million from the lease deposit of this case to the plaintiff.

B. One defendant as to the claim for damages.