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1.The parts concerning the counterclaim of the judgment of the first instance, including the claims modified and added in the trial, are as follows:
Reasons
1. The judgment of the court of first instance cited the plaintiff's main claim, cited the claim for damages arising from illegal acts among the defendant's counterclaims, dismissed the claim for refund of lease deposit, and only the defendant appealed on the part concerning the counterclaim against the judgment of the court of first instance, the scope of the judgment of the court of first instance is limited to the part concerning the counterclaim.
2. Basic facts
A. A. On March 2016, the Plaintiff leased the instant building (hereinafter referred to as the “instant building”) to the Defendant by setting the deposit of KRW 50 million, monthly rent of KRW 3.2 million, and the lease period from March 1, 2016 to May 31, 2016 (hereinafter “instant lease contract”), and the Defendant paid all the said deposit to the Plaintiff by March 14, 2016.
B. As the Defendant did not pay the Plaintiff rent from May 1, 2016, the instant lease contract was terminated on the ground that the Plaintiff was in arrears on January 20, 2017. Nevertheless, the Defendant continued to operate the telecom without delivering the instant building to the Plaintiff, and had the Plaintiff deliver the instant building to the Plaintiff on December 7, 2017, which was after the date of the first instance judgment.
【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4, 10, 11, and the purport of the whole pleadings
3. Defendant’s assertion and judgment
A. The Defendant asserts that, from April 2016, the Plaintiff agreed with the Plaintiff to reduce the monthly rent of KRW 3.2 million from KRW 3.2 million to KRW 2 million, the Plaintiff is obligated to return the unpaid rent of KRW 38.5 million from May 1, 2016 to December 7, 2017, which is the delivery date of the instant building (=19th day of 7 months x 2 million).
Therefore, as to whether there was an agreement to reduce the monthly rent of the instant building to KRW 2 million, the Health Unit and the Defendant on April 29, 2016 to the Plaintiff on April 2016.