1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid under the following subparagraphs.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 1, 2011, the Plaintiff agreed to lease the instant building (hereinafter “instant store”) with the Defendant at a deposit of eight million won, KRW 450,000 per month (payment on August 15), the period from August 12, 2011 to twenty-four months (hereinafter “instant lease contract”); and on August 12, 2011, the Plaintiff paid the Defendant a deposit of eight million won to the Defendant, and operated the knch water house after receiving the delivery of the instant store from the Defendant.

B. On July 3, 2013, the Defendant notified the Plaintiff that the instant lease agreement was terminated as soon as possible. However, the Plaintiff refused to deliver the instant store by demanding the return of deposit, premium, repair expenses, etc. while refusing to deliver the said store, the Plaintiff discontinued business on December 4, 2014, and delivered the instant store to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Inasmuch as the instant lease contract was terminated in the gist of the Plaintiff’s assertion, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 8 million, KRW 3 million for the premium, KRW 1,1240,000 for the waterworks and electricity tax paid by the Plaintiff on behalf of the Plaintiff, KRW 240,000 for the delayed payment.

(The plaintiff did not appeal the part of the repair cost which was dismissed in the judgment of the first instance. (b)

Judgment

1) According to the fact that the instant lease contract was terminated on August 11, 2013, and barring any special circumstance, the Defendant shall return the deposit to the Plaintiff, barring any special circumstance. However, in full view of the respective entries and arguments in the evidence Nos. 6, 7, and 12, the Plaintiff was found to have not paid the Defendant rent, etc. from August 12, 2013, and thus, the Plaintiff’s total amount of KRW 7,095,00 [=450,000 for monthly rent or unjust enrichment 】 [15,230 days] 】 [15 months from August 12, 2013 to December 4, 2014].