1. The Defendant (Counterclaim Plaintiff) receives KRW 243,930 from the Plaintiff (Counterclaim Defendant, the appointed party) and the appointed party C.

Facts of recognition

On May 13, 2015, the Plaintiff and the Selection C (hereinafter “Plaintiff, etc.”) concluded a lease agreement to lease the instant building part to the Defendant (hereinafter “instant lease agreement”) from July 1, 2015 to June 30, 2017 (hereinafter “instant lease agreement”).

From July 2015, the Defendant operated a private teaching institute in English with the trade name “D” in the instant building part.

From October 2016, the Defendant did not pay the monthly rent and common expenses of the instant building to the Plaintiff, etc.

Plaintiff

On April 19, 2017, the Defendant terminated the instant lease agreement on the grounds of unpaid monthly rent from October 2016, and sent content-certified mail demanding the delivery of the instant building by May 20, 2017.

The Defendant does not use or benefit from the instant building since July 2017, but continues to occupy the instant building without delivering it to the Plaintiff, etc.

[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1 through 4, 7, and 14, and all of the arguments as to the grounds for a claim for extradition. According to the above fact-finding, the lease contract of this case was terminated as the notice of termination was delivered to the defendant on April 19, 2017 by the plaintiff et al. on the grounds of delinquency in rent, and thus, the defendant is obligated to deliver the part of the building of this case to the plaintiff by May 20, 2017, which was designated as the delivery date of the building of this case, unless there are special circumstances.

The defendant asserted a separate agreement with the plaintiff on the defendant's assertion that the defendant agreed to deduct the unpaid rent from the lease deposit with the plaintiff. Thus, it cannot be terminated during the contract period. Since the defendant directly sought the lease and agreed to receive the premium, the defendant received the premium from the new lessee.