1. Of the judgment of the court of first instance, the Defendant-Counterclaim Plaintiff with respect to the counterclaim amounting to order payment below.

1. The Plaintiff filed the instant lawsuit against the Defendant for the delivery of the building on the ground of the termination of the building lease agreement. When the delivery of the building during the course of the first instance trial had been performed, the Plaintiff filed the instant counterclaim against the Defendant for the payment of the remainder of KRW 27,996,774, which deducts deposit money of KRW 26,00,000 from deposit money of KRW 26,100,000,000 from deposit money of KRW 1,896,74 from January 1, 2016 to January 27, 2016, and the illegal gains equivalent to the rent of KRW 1,896,74 from liability for delivery of the building, and damages for delay. The Defendant filed a counterclaim against the Plaintiff for the payment of the lease deposit of KRW 26,00,000,000 and damages for delay.

On December 1, 2015, the court of the first instance dismissed the Plaintiff’s claim against the principal claim on the grounds that the amount of the rent and management fee of KRW 2,100,000,00 for the principal claim does not remain, from January 1, 2016 to January 27, 2016, as well as unjust enrichment of KRW 1,829,032 equivalent to management fee, and damages amount of KRW 20,000 due to nonperformance of the duty to deliver a building (as the agreement between the Plaintiff and the Defendant is presumed as liquidated damages, the estimated amount of damages was reduced to 40% pursuant to Article 398(2) of the Civil Act because the agreement between the Plaintiff and the Defendant was presumed as liquidated damages, the court of the first instance dismissed the Defendant’s claim against the principal claim on the grounds that the Defendant did not reimburse the amount to be paid to the Plaintiff, and the remainder of the deposit deposit and the damages for delay calculated from July 2016 to 15, 2016.

As to the part against the Defendant regarding a counterclaim in the judgment of the court of first instance, the Plaintiff filed an appeal against the part regarding the principal lawsuit and the part against the Plaintiff regarding the counterclaim in the judgment of the court of first instance, and the Plaintiff and the Defendant before the remanding.