1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3.A petition filed by this court.

The Plaintiff’s assertion on the Plaintiff’s main claim was concluded a lease agreement with the Defendant, setting the deposit amount of KRW 10 million, monthly rent of KRW 600,000, and the lease period from May 12, 2009 to May 12, 2014.

However, the total rent that occurred during the above lease period is KRW 36 million (=600,000 x 60 months). The rent that the Plaintiff paid to the Defendant during the above period is KRW 29 million.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 3 million for overdue rent of KRW 10 million after deducting KRW 7 million for overdue rent of KRW 36 million (i.e., KRW 36 million - KRW 29 million), and the Defendant, on behalf of the Plaintiff, KRW 5 million for the premium of KRW 2 million for the premium of KRW 5 million paid by the new lessee on behalf of the Plaintiff, as well as damages for delay.

Facts of recognition

On April 2009, the Plaintiff leased the instant office from the Defendant to operate the private teaching institute with a deposit of KRW 10 million and KRW 600,000,000 per month. As the Plaintiff’s rent and public charges were continuously in arrears and the deposit amount to be appropriated for the rent has decreased, the Plaintiff agreed to pay the rent of KRW 80,000 per month between the Defendant and the Defendant from August 2012, but to pay the rent of KRW 700,00 per month from October 2013.

On June 4, 2014, the Plaintiff agreed with the Defendant to make the instant office until June 20, 2014, and 500,000 won, which was calculated as part of the premium for the house of the instant office, was paid to the Plaintiff and the remainder of 2 million won was appropriated for the Plaintiff’s overdue rent upon payment by the Defendant (hereinafter “each of the instant offices”), and the instant office lease agreement between the Plaintiff and the Defendant was terminated in accordance with the instant respective contracts.

[Reasons for Recognition] In light of the facts without dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 2, and 3, and facts prior to the determination of the overall purport of the pleadings, the plaintiff submitted.