1. The Plaintiff (Counterclaim Defendant) paid KRW 3,894,225 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from September 25, 2019 to January 10, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 28, 2018, the Plaintiff, as the owner of the real estate listed in attached Table 1 (hereinafter “instant commercial building”), leased the lease deposit to the Defendant for two years from October 16, 2018 to October 15, 2020; for ten months from October 16, 2018, the lease deposit amount of KRW 30 million; for ten years from October 16, 2018, the lease deposit of KRW 1650,000 (including value-added tax, annual interest rate of KRW 12% on the 15th of each month due to late payment); from August 15, 2019 to October 15, 2020, the lease deposit of KRW 50 million and the rent of KRW 2350,000 per month.

B. Around August 2018, the Defendant paid KRW 20 million to the Plaintiff out of the lease deposit, and the Plaintiff and the Defendant agreed to pay KRW 110,000 per month as interest for the unpaid lease deposit.

Since then, the Defendant paid the Plaintiff the rent of KRW 1.65 million on November 22, 2018, and paid 550,000 to the Plaintiff by March 13, 2019.

C. On July 31, 2019, the Defendant, while transferring the instant commercial building to the Plaintiff, paid only management expenses until July 13, 2019 and paid them from July 14, 2019.

7. The management expenses up to 31. The amount of KRW 177,440 was unpaid.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 9, the purport of the whole pleadings

2. The parties' assertion and judgment

A. As the Plaintiff’s decision on the claim for delivery of the main shop terminated the lease contract on the grounds of the Defendant’s delay, the Plaintiff sought the delivery of the main shop. However, the Defendant’s delivery of the main shop to the Plaintiff on July 31, 2019 is as seen earlier, and therefore, the part on the claim for delivery is without merit.

B. Determination 1 on the principal claim and each counterclaim guarantees all the lessee’s obligations arising from the lease after the termination of the lease contract until the lessor delivers the object to the lessor. As such, the amount equivalent to the secured obligation is naturally deducted from the lease deposit without any separate declaration of intent when the object is returned after the termination of the lease contract.