1. Of the judgment of the first instance, the first instance court: (a) had the counterclaim Defendant KRW 51,919,108 against the counterclaim and its related amount from July 2, 2016 to October 2, 2017.

1. Basic facts

A. On March 5, 2014, the Counterclaim Plaintiff and the Counterclaim Defendant entered into a lease agreement with the Counterclaim Defendant for the purpose of using the 23th floor area of 1,084 square meters (hereinafter “instant leased object”) excluding the common areas, such as toilets, stairs, and elevators, among the buildings listed in attached Table 1 of the 33th floor located in the Seocho-gu Busan Metropolitan City (hereinafter “instant business site”), from the Counterclaim Defendant, for the total rent of KRW 1,156,650,000 (Additional tax) for the lease period by dividing the 1,156,650,000 for the rental period into the down payment, the intermediate payment, and the remainder (hereinafter “instant 1st lease agreement”).

Some of the terms of the instant primary contract are as follows.

Article 4 (Rents) (2) Provided, That a lessee shall pay a rent under the preceding paragraph in advance to a lessor according to the following schedule:

Article 5 (Management Expenses) (1) of the former part of the intermediate payment (60%) of KRW 115,65,000 (60%) immediately after the payment of the intermediate payment of KRW 693,990,000, which was made on March 20, 2014, the tenant shall pay the remainder (30%) available for the installation of the facility after the payment of the intermediate payment of KRW 115,665,00 (60%) separately from the rent.

The lessor shall install and provide measurement facilities.

Article 7 (Compensation for Delayed Damages) (1) A lessor shall not be exempted from the duty to pay rent, management expenses, etc. for the lessee even if the lessee has not actually used the leased article.

(2) Where a lessee delays the obligation to pay the rent, management expenses, etc. to the lessor, the lessee shall pay the lessor a penalty for delay at the rate of 15% per annum for the delayed amount.

(4) The appropriation for the amount paid by the lessee shall be made in arrears.