1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) The river site between Jung-gu Seoul and D;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff on January 30, 1996 (1) of the defendant

A. The registered building (hereinafter “instant building”) was leased with a deposit of KRW 6 million, monthly rent of KRW 500,000,000, and the subsequent rent of KRW 450,000 has been reduced to KRW 4.5 million, and the lease contract has been implicitly renewed.

B. The Defendant paid only KRW 18.41 million out of the rent of KRW 36.9 million from August 2007 to October 2013, and did not pay the remainder KRW 18.49 million.

C. On April 10, 2013, the Plaintiff concluded a lease agreement on the instant building with the Defendant until April 30, 2013, and notified the Defendant that the lease agreement will be terminated if not, on or around April 20, 2013. The Defendant closed down the instant building, which was operated in the instant building, and removed from the instant building on April 30, 2013, but the Plaintiff demanded the return of the deposit money, and did not add the password of the locking device to the Plaintiff.

[Grounds for recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the principal claim, the lease agreement on the instant building was terminated on October 30, 2013 after the date when six months from April 30, 2013 when the Plaintiff notified the termination of the lease agreement.

Therefore, the Defendant is obligated to order the instant building to the Plaintiff, barring special circumstances, and return monthly rent calculated at the rate of KRW 1,249,000 per month from November 1, 2013 to the name of the instant building, calculated by subtracting the deposit of KRW 6 million from the unpaid rent of KRW 1,849,000 until October 2013, as unjust enrichment, to the Plaintiff.

In regard to this, the Defendant adjusted the rent for the Plaintiff and the instant building from January 2007 to 3.5 million won, from January 2008 to 300,000 won, respectively, and from January 2009 to 200,000 won, respectively, and argued that the reduced rent was paid until April 30, 2013, and that the surrender was completed by leaving the instant building.