1. Based on the appeal by the Plaintiff (Counterclaim Defendant), the part concerning the principal lawsuit in the judgment of the first instance shall be modified as follows.

1. Case summary and the presumed factual basis

A. The summary of the case is the case where: (a) the Plaintiff, who leased a commercial store from the Defendant, was a lessor, claiming that the Defendant terminated the lease contract with the Defendant on the ground that he interfered with the Plaintiff’s use and profit-making of the leased object under the lease contract; (b) the Plaintiff claimed the repayment of the lease deposit and the rent of KRW 2,1350,000,000,000,000 and the damages for delay due to nonperformance; and (c) the Plaintiff, as a counterclaim, occupied the leased object after the Plaintiff unilaterally notified the termination of the lease; (d) the Plaintiff occupied the leased object as a counterclaim, thereby gaining profit equivalent to the rent without any legal cause; and (e) the Plaintiff incurred damages equivalent to the same amount; (e) the Plaintiff paid the management fee and the electricity fee that the Plaintiff did not pay on behalf of the Plaintiff; and (e) the Plaintiff claimed for the return of unjust enrichment, etc. equivalent to the rent and the compensation for damages due to nonperformance and its delay damages.

The judgment of the court of first instance accepted some of the plaintiff's main claim against the defendant (the part of KRW 10690,000) and dismissed all of the plaintiff's remaining main claim and the defendant's counterclaim. The plaintiff appealed against the part against the main claim (However, the damages for delay is limited to the part after August 4, 2012) and filed an incidental appeal against the part against the defendant's loss against the main claim.

나. 본소와 반소에 공통된 전제된 사실관계 【증거】갑1에서 4, 7, 8, 갑9의 1에서 4, 갑10의 1에서 4, 갑12, 을5의 1에서 4, 증인 F, D, 원고 본인과 변론 전체의 취지 ⑴ 원고와 피고 사이의 임대차계약 ㈎ 원고는 PC방을 개업하여 운영할 목적으로...