1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 3,264.

1. Basic facts (the principal lawsuit and counterclaim shall be deemed as well);

A. On October 5, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, for a period from October 5, 2015 to 24 months, which is KRW 10,000,000 for lease deposit, monthly rent of KRW 800,000 for real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Around that time, the Defendant paid the lease deposit, and used and profit from the instant real estate.

C. Only up to September 2016, the Defendant paid the Plaintiff the monthly rent under the instant lease agreement and did not pay the said monthly rent thereafter.

On July 17, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s delay, and the Defendant received the notification on July 18, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3-1, 2-2, purport of the whole pleadings]

2. Summary of the parties' arguments

A. The main intent of the Plaintiff’s main claim is to legally terminate the lease agreement of this case according to the Plaintiff’s declaration of termination. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return unjust enrichment equivalent to the rent of KRW 800,000 each month from October 20, 2017 to the completion date of delivery of the said real estate.

(The monthly rent from October 2016 to October 19, 2017 was fully deducted from the refund claim of lease deposit).

The main point of the Defendant’s cause of counterclaim was that the instant lease agreement was concluded around March 2017, and the Defendant delivered the instant real estate to the Plaintiff around that time.

Therefore, the Plaintiff should return to the Defendant the remainder of KRW 5,200,000, which remains after deducting the total of KRW 4,800,000 from KRW 10,000 to March 2017, from KRW 10,000 under the instant lease agreement.

3. Determination

A. Termination of the instant lease agreement.