1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 11, 2014, the Defendant entered into a contract to lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with the Plaintiff as to the real estate listed in the separate sheet (hereinafter “instant apartment”) owned by the Defendant between the Plaintiff and the Plaintiff as to the lease on a deposit basis (hereinafter “instant lease on a deposit basis”) and the term from December 11, 2014 to December 10, 2016 (hereinafter “instant lease on a deposit basis”). The Defendant completed the registration of the establishment of the right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”).

B. On April 11, 2017, the Plaintiff delivered the instant apartment to the Defendant.

C. Meanwhile, on January 19, 2017, the Plaintiff’s creditor B completed the provisional attachment registration on the instant chonsegwon on January 24, 2017 upon receipt of a decision to provisionally seize the claim for the right to lease on a deposit basis based on the instant chonsegwon as the Busan District Court Branch Branch of the Dong branch of the Busan District Court (2017Kadan15).

Accordingly, on August 3, 2017, the Defendant deposited KRW 170,000,000 for the deposit money of this case with the Busan District Court No. 4944, 2017 as the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion was that the Defendant received the instant apartment from the Plaintiff on April 11, 2017, but deposited KRW 170,00,000 for the instant lease deposit on August 3, 2017, which was 114 days after the date of delivery of the instant apartment, and the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum, which is the statutory interest rate of KRW 170,000 from April 12, 2017, which is the date following the delivery date of the instant apartment, until August 3, 2017, the date of the instant lease deposit for the enforcement date of the instant lease deposit, from April 12, 2017 to August 3, 2017, which is the final interest rate of KRW 2,654,794 (=170,000 x 5% x 114/365).

B. On the other hand, in case where both obligations are in the bilateral contract and are in the simultaneous performance relationship, one of the obligations becomes due.