Of the judgment of the first instance, the part against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and it shall be applicable to the revoked part.

The main lawsuit and counterclaim are also examined.

Basic Facts

A. On May 22, 2014, the Plaintiff: (a) leased from the Defendant the entire (hereinafter referred to as “instant commercial building”) of Ulsan-gu C and the first floor (hereinafter referred to as “instant commercial building”) KRW 7,000,000 per month; (b) from May 22, 2014 to May 21, 2017; (c) agreed to rent the lease deposit for the period from May 22, 2014 to May 21, 2017; (d) on May 22, 2017, the Plaintiff again leased the lease deposit of KRW 7,000,000 per month; (e) the water rate of KRW 10,000 per month; and (e) the lease period of KRW 24 months from May 22, 2017 to increase the lease deposit by 19% on May 21, 2018.

(hereinafter “instant lease agreement”). B.

From May 22, 2017 to December 26, 2018, the Plaintiff did not pay KRW 934,000 each month ( KRW 840,000,000,000,000 for the previous month) to the Defendant after the payment on 20 occasions. On March 16, 2019, the Plaintiff left the instant commercial building by notifying the Defendant that he restored the commercial building to its original state, and demanded the Defendant to pay KRW 5,398,40,00,00, which was deducted from the unpaid rent 1,601,60 (per January 23, 201) out of the deposit.

C. Around March 26, 2019, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff would deposit the remaining KRW 4,874,020 after deducting the unpaid rent, etc. from March 17, 2019, and the Plaintiff issued a certificate of content demanding KRW 6,398,40,000, plus KRW 1,000,000, around March 27, 2019.

The Plaintiff filed the instant lawsuit on April 1, 2019, and the Defendant paid KRW 4,374,020 to the Plaintiff around April 5, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. On May 21, 2018, the summary of the parties’ assertion 1, the Plaintiff’s portion of the instant lease agreement to increase the rent by 9% from May 21, 2018 was an implied agreement that the Defendant did not assert, and the instant lease agreement was terminated on March 16, 2019.