1. All appeals filed by the Plaintiff (Counterclaim Defendant) and incidental appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the plaintiff's assertion and the defendant's additional claims in the court of first instance, and thus, it is acceptable in accordance with the main sentence of

2. The plaintiff's assertion and judgment

A. According to Article 640 of the Plaintiff’s assertion and Article 10-8 of the Commercial Building Lease Protection Act (hereinafter “Act”), a lessor may terminate a contract when the delayed amount of rent of a lessee amounts to three times of rent. However, even if the Defendant recognizes that the monthly rent of a lessee is the rent of the Defendant’s assertion, the total amount of rent in arrears of the Plaintiff at the time when the Plaintiff filed the instant counterclaim was merely 18.5 million won and did not reach KRW 33 million, and the Plaintiff paid the monthly rent in dispute with the Defendant on November 3, 2005 to the Defendant, and the Plaintiff paid the monthly rent in dispute with the Defendant to the present day. Accordingly, the Defendant’s assertion on the termination of the lease on the grounds of the rent is without merit.

B. The judgment of Article 10-8 of the Act, which provides that a lessor may terminate a contract when the total amount of rent of a lessee exceeds the three-year rent, was newly established by the amendment of the Act by Act No. 13284 on May 13, 2015 (Article 1 of the Addenda). Thus, the above provision cannot be deemed to apply to this case where the declaration of intention of termination was made lawfully prior to its enforcement, and Article 640 of the Civil Act applies to the lease of a commercial building subject to the Act prior to its enforcement, and even to the lease of a commercial building, the lease can be terminated if the total amount of rent of a lessee exceeds the total amount of rent of two-year rent (see Supreme Court Decision 2012Da28486, Jul. 24, 2014); and the Plaintiff’s assertion that the counterclaim at the time the Defendant filed the counterclaim at issue, including the Plaintiff’s assertion, is more than 200,000 won in arrears, 200 won in arrears.