1. The Plaintiff (Counterclaim Defendant) paid KRW 12,600,000 to the Defendant (Counterclaim Plaintiff) and its related amount from January 10, 2018 to June 28, 2018.

1. Facts of recognition;

A. On July 9, 2012, the Plaintiff leased two floors, among the D ground buildings owned by Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with a deposit of KRW 2 million, monthly rent of KRW 500,000,000, and the period from July 31, 2012 to July 30, 2017.

B. On September 15, 2012, with C’s consent, the Plaintiff sub-leaseed part of the second floor of the said building (hereinafter “instant commercial building”) to the Defendant with a deposit of 1.8 million won, monthly rent of 3.3 million won, and the period from September 25, 2012 to September 25, 2014 (hereinafter “instant sub-lease contract”), and the instant sub-lease contract was implicitly renewed and terminated on September 24, 2017.

From September 25, 2016 to September 24, 2017, the Defendant delayed to pay a total of four million won. On December 18, 2017, the Defendant expelled from the instant commercial building.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Judgment on the issue

A. The amount to be deducted from the deposit for sub-lease is guaranteed by the lessee’s all obligations arising from the lease relationship, such as overdue rent, etc., with the lease deposit paid to the lessor at the time when the lessee entered into the lease contract, and the lessee cannot refuse to pay the rent or be exempted from liability for default due to the overdue payment on the ground of the existence of the deposit (see, e.g., Supreme Court Decision 94Da4417, Sept. 9, 194). However, since the Plaintiff is a person who was entitled to the deduction of the deposit from the preparatory document dated January 29, 2018, the Plaintiff issued an order to return the remainder after deducting the overdue rent, etc. from the Plaintiff’s principal claim, and the share of the litigation cost shall be determined

1) From September 25, 2016 to September 24, 2017, the Defendant: (a) calculated by the ratio of 330,000 won per month, an amount equivalent to the rent, from September 25, 2017 to December 18, 2017 (=330,000 won x (224/30) x 24/30), calculated by the ratio of 330,000 won per month, from September 25, 2017 to December 18, 2017, the instant commercial building was located in the period from September 25, 2017 to December 25, 2017.