1. The Defendant (Counterclaim Plaintiff) amounting to KRW 150,671,062 to the Plaintiff (Counterclaim Defendant) and its related amount from March 24, 2016 to January 24, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On November 21, 2008, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on the lease deposit amounting to KRW 30 million, monthly rent amounting to KRW 270,000,000, and the lease deposit amounting to KRW 300,000,000 from December 15, 2008 to December 15, 2010, and around that time, the Defendant paid the Plaintiff KRW 30,000,000,000 as the lease deposit money to the Plaintiff.

From November 21, 2008, the Defendant received the leased building of this case from the Plaintiff and operated the paper stuff manufacturing factory.

On April 25, 2013, the Plaintiff and the Defendant modified the lease agreement to increase the lease deposit to KRW 40 million, monthly rent to KRW 3 million (hereinafter “instant lease agreement”). On the same day, the Defendant paid the Plaintiff KRW 10 million to the Plaintiff KRW 10 million.

Then, on January 6, 2016, when the instant lease contract was implicitly renewed, fire occurred on or around 22:10 of the instant building (hereinafter “instant fire”) and all six buildings of this case, including the leased building and the B-dong building owned by the Plaintiff, which is the non-leased part, (hereinafter “non-leased building”).

【In the absence of dispute, Gap 1 through 6, Eul 8 through 10, Eul 2, and 8 evidence (including a serial number), and appraiser D’s appraisal result, the plaintiff asserted that the fire in this case occurred within the leased building (factory) and caused damage to the whole building due to the fire of this case. Since the defendant, a lessee, was negligent in performing his duty of care as a good manager, the return of the leased object cannot be performed, the value of the building in this case and the cost of waste disposal.