The appeal filed by the plaintiff (Counterclaim defendant) against the principal lawsuit shall be dismissed.

The part concerning counterclaim in the judgment of the first instance is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 22, 2014, the Plaintiff entered into a contract with the Defendant Company and the Plaintiff to lease the instant real estate to the Defendant Company (hereinafter “instant lease contract”) with a period of two years from May 1, 2014 to April 30, 2016, with a deposit of KRW 90 million, monthly rent of KRW 1,3420,00 (payment of the rent of KRW 7,480,00,000, the last day of each month), and the period of two years from May 1, 2014 to April 30, 2016.

Defendant C jointly and severally guaranteed the obligation of Defendant C with respect to the above contract.

B. Since then, the instant lease agreement was renewed three times, and the period was finally extended by April 30, 2019.

C. On October 11, 2018, the Plaintiff sent to the Defendant Company a certificate of the content that “The Defendant Company should terminate the instant lease agreement without paying the above overdue charge and the late payment charge thereof by October 18, 2018, since the Defendant Company was in arrears for three minutes from July 2018 to September 2018.” This reached the Defendant Company around that time.

Accordingly, the Defendant Company consented to the Plaintiff on November 29, 2018, and accepted the notice of termination as of October 11, 2018, and ordered the Plaintiff to provide the instant real estate as of November 29, 2018.

The court sent a certificate of content that the restoration of the instant real estate to the original state is different from the remaining security deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2, and the party principal examination result of the first instance court's judgment as to D, the purport of the whole pleadings

2. Determination on the main claim

A. The Defendant Company, which requested the delivery of real estate, did not pay the Plaintiff the rent of three times from July 2018 to September 2018, and the Plaintiff, on the ground that on October 11, 2018, notified the Defendant Company by giving notice of the termination of the lease agreement to the Defendant Company, reached the Defendant Company as above.

Therefore, the instant lease contract was terminated at that time by the Plaintiff’s notice of termination on the ground of the delinquency in rent of the Defendant Company.