1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim of the judgment of the court of first instance is relevant.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 3, 2015, the Plaintiff entered into a lease agreement with the Defendant under which part of 270 square meters of the first floor of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) was leased with a lease deposit of KRW 80,000,00, monthly rent of KRW 350,000, and the lease term of KRW 50,000 (hereinafter “instant lease agreement”) from May 9, 2015 to May 8, 2017, the lessor may deduct expenses incurred in restoring the building from the lease deposit if the lessee fails to perform his/her duty to restore the building to its original state (Article 9). If the building facilities of this case were damaged due to the lessee’s intention or negligence, the lessor shall compensate for the damages (Article 11), the facilities attached to the lessee, partitions, and other structural alteration facilities at the expense of the lessee and agreed to restore the building to its original state by the end date of the conclusion of the lease agreement (Article 18).

B. At the time of the instant lease agreement, the previous lessee installed two partitions with partitions, and the Plaintiff received delivery of the instant building and installed additional partitions.

C. On April 5, 2018, the Plaintiff terminated the instant lease agreement with the Defendant around April 5, 2018, and removed partitions, etc. installed by the Plaintiff and restored to its original state by April 23, 2018, and delivered the instant building to the Defendant.

On April 6, 2018, the Defendant deducted KRW 4,000,000 from the expenses required for restoration to the original state, and paid the remainder to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, Eul evidence Nos. 1 and 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 4,000,000 calculated by deducting the expenses for restoration from the expenses for restoration to its original state, and the damages for delay.

(b).