1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following amount ordered to pay.

1. Determination on the main claim

A. There is no dispute between the parties to the determination of the cause of the claim, or according to the overall purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 (including the number of each unit; hereinafter the same shall apply), the plaintiff leased the second floor (hereinafter referred to as the "instant commercial building") to the defendant on March 23, 2009, "Lease deposit: 10 million won, monthly rent of KRW 500,000,000, and 36 months from the date of delivery of the instant commercial building," and the defendant operated the instant commercial building from May 14, 2009 to September 2015, and the fact that the plaintiff left the commercial building of this case from October 2015 to the date of leaving the building of this case.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum of KRW 2,350,000,000,000 for 47 months (i.e., KRW 500,000 per month x 47 months) of the rent unpaid from November 201 to September 30, 2015, subtracting the lease deposit of KRW 10,50,000,000, which the Plaintiff is entitled to be deducted from the Plaintiff, barring special circumstances (i.e., KRW 23,50,000 - KRW 10,000) and damages for delay.

(B) The fact that the Defendant moved from the commercial building of this case after October 2015 is not disputed between the parties, but there is no assertion or proof as to the specific date of withdrawal by the Defendant, and thus, the Plaintiff is recognized as only rent until September 30, 2015.

피고의 주장에 대한 판단 ⑴ 차임 공제 약정 주장 ㈎ 이에 대하여 피고는, 원고가 2011. 10.경부터 4개월 동안 이 사건 건물을 수리하면서 이 사건 상가로 통하는 계단 등을 폐쇄하여 피고가 이 사건 상가에서 다방 영업을 하지 못하게 되자, 원고는 피고에게 위 공사기간에 해당하는 4개월분의 차임을 공제해주기로 약정하였다고...