[2016Gaba208319 (Mains), 2016Gaba21060 (Consolidation)]

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant.

1. Basic facts

A. On September 1, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased the real estate indicated in the separate sheet from D.

The terms and conditions from October 1, 2014 to September 30, 2016 set the lease period of KRW 150 million, deposit of KRW 150 million, and rent of KRW 100,000 per month from October 1, 2014 to September 30, 2015 and KRW 12 million per month from October 1, 2015 to September 30, 2015 (excluding value-added tax).

B. On September 18, 2014, the Plaintiff divided one floor among the real estate listed in the separate sheet as above into 101, 102, and 103 as indicated in the separate sheet as shown in the separate sheet, and sub-lease Nos. 103 to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B (hereinafter “instant sub-lease”) (hereinafter “instant sub-lease”). However, the terms and conditions were as follows: deposit deposit amount of KRW 50 million, monthly rent of KRW 3 million (excluding value-added tax, payment after the 29th day of each month), and period of sub-lease from October 1, 2014 to September 30, 2016.

According to the above sub-lease contract, the Plaintiff delivered the above 103 units to Defendant B on October 1, 2014.

On November 5, 2015, Defendant B established Defendant C Co., Ltd. and carried out real estate brokerage business or sales agency business under the above 103.

C. On the other hand, from May 1, 2015, Defendant B began to pay the rent under the instant sub-lease contract, and the Plaintiff expressed his intention to terminate the said sub-lease contract by serving a copy of the complaint on the grounds of such delay of rent.

On the other hand, on June 4, 2016, when the instant lawsuit was pending, the Defendants returned the said No. 103 to the Plaintiff.

Accordingly, the Plaintiff calculated KRW 3,398,147, after deducting KRW 46,601,853, including rent, management fee, litigation cost, etc. calculated as follows, from Defendant B’s deposit amount of KRW 50 million, as a deposit deposit, and returned KRW 3,412,850,00, which added 5% annual interest rate for the period from June 4, 2016 to July 4, 2016, to Defendant B.