The appeal filed by the Defendant (Counterclaim Plaintiff) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) in this court are dismissed, respectively.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 201, the Plaintiff entered into a contract with the Defendant to lease the entire underground floor of Seocho-gu Seoul Metropolitan Building from November 15, 201 to November 15, 2013, with a deposit of KRW 30 million and KRW 2.5 million per month from rent (including management expenses), and around that time, paid a deposit of KRW 30 million to the Defendant.

At the time, the plaintiff was responsible for the restoration of the original state after the expiration of the contract with the defendant, and was determined to receive the deposit after obtaining approval from the defendant at the time of completion of the restoration of the original state.

B. Since then, a lease contract has been renewed, and the Plaintiff and the Defendant concluded a contract to extend the lease term by no later than May 15, 2019 on November 12, 2018, with a special agreement stipulating that “the Plaintiff shall maintain its present state, and no recovery expenses shall be incurred separately,” and “the Plaintiff has the right to receive the equipment from a new lessee.”

(c)

On May 15, 2019, the Defendant delivered the leased object to the Plaintiff.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the facts of determination as to the Plaintiff’s cause of claim, since the lease contract between the Plaintiff and the Defendant terminated on May 15, 2019, the Defendant, barring special circumstances, barring any special circumstance, claimed damages for delay from May 16, 2019 (the Plaintiff is liable for delay from May 16, 2019 after the termination of the lease contract and delivery of the leased object) by the Defendant, as to the existence or scope of the Defendant’s performance of the obligation, 5% per annum as prescribed by the Civil Act until January 7, 2020, which is the first instance judgment, and 12% per annum as to the promotion of litigation, etc. by the date of full payment, from May 15, 2019 (the Plaintiff is liable for delay from May 16, 2019 after the termination of the lease contract).