1. The counterclaim Defendant: 600,000,000 won to the counterclaim and 5% per annum from September 30, 2016 to December 1, 2016.

1. Basic facts

가. 원고는 2008. 4. 25. 피고로부터 별지 목록 기재 부동산 중 별지 도면 표시 ①, ②, ③, ④, ⑤, ⑥, ⑦, ⑧, ⑨, ①의 각 점을 차례로 연결한 선내 ㈎ 부분 148.76㎡(이하 ‘이 사건 임대차목적물’)를 임대차보증금 6억 원, 차임 월 4,365만 원, 임대차기간 2008. 5. 20.부터 2011. 5. 31.까지로 정하여 임차하였다가, 2011. 5.경 다시 차임 월 4,865만 원(2011. 6. 1.부터 2013. 1. 31.까지) 또는 월 5,365만 원(2013. 2. 1.부터 2016. 1. 31.까지), 임대차기간 2011. 6. 1.부터 2016. 1. 31.까지로 정하여 임대차계약을 갱신하였다

(hereinafter “instant lease agreement”). B.

On August 12, 2015, the Defendant sent to the Plaintiff a written notice to the effect that the instant lease agreement terminated on January 31, 2016 is either extended or renewed, and the said written notice reached the Plaintiff on August 13, 2015.

On October 8, 2015, the Plaintiff continuously expressed his/her intent to maintain the instant lease agreement by sending to the Defendant a document demanding extension or renewal of the lease agreement, etc., but the Defendant did not comply therewith.

C. Meanwhile, the judgment of the first instance court rendered on September 2, 2016 of the instant principal lawsuit (2016Gahap533226), which was brought by the Defendant, (i) and (ii) the Plaintiff handed over the leased object of this case to the Defendant on September 29, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 9 through 11, Eul's 4 (including additional numbers), and the purport of the whole pleadings

2. Determination as to the claim for damages

A. On May 2015, which was eight months before the termination of the instant lease agreement, the Defendant asserted by the Plaintiff, concluded a lease agreement on the subject matter of the instant lease with the non-party Egypt Co., Ltd. without notifying the Plaintiff, thereby deprived the Plaintiff of the opportunity to recover the premium on the subject matter.

Therefore, the defendant is a commercial building.