1. The appeal filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) in this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 10, 2017, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff with the terms that the Defendant would lease the instant building owned by the Plaintiff from the Plaintiff by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 400,000 (after payment) and the lease term from June 16, 2017 to June 10, 2019 (hereinafter “the instant lease”). At that time, the Defendant paid KRW 10,000,000 as the lease deposit by May 10, 2017 after delivery of the instant building.

B. Although the Defendant concluded the instant lease contract for the purpose of operating a coffee shop, it did not fully pay the rent from July 10, 2017 while continuously occupying the instant building without using and making profits from the instant building, such as not conducting any business on the instant building.

C. On November 9, 2017, the Plaintiff sent a notice to the Defendant that the instant lease contract will be terminated on the grounds of the delinquency in rent for at least two months, by content-certified mail, and the said notice reached the Defendant at that time.

The Plaintiff paid 162,580 won to the Plaintiff from April 2017 to June 2018.

E. On October 16, 2018, for provisional execution based on the first instance judgment, the Plaintiff deposited KRW 8,237,420 of this Court with the Defendant as the principal depositer for the repayment of KRW 5776 in 2018, and received the delivery execution of the instant building on November 9, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The party's assertion and judgment as to it

A. The gist of the Plaintiff’s assertion 1 of the parties is that the instant lease agreement was terminated on November 9, 2017 by the Plaintiff’s declaration of intention to terminate the contract due to the Defendant’s delinquency in rent, and the Defendant is obligated to deliver the instant building to the Plaintiff. The amount to be paid by the Plaintiff to the Defendant as a simultaneous performance of the Defendant’s duty to deliver the instant lease deposit from KRW 10,000,000 to July 10, 2017.