1. The Plaintiff (Counterclaim Defendant) paid KRW 42,625,00 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from May 5, 2016 to May 25, 2016.

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On March 1, 2008, the Plaintiff, as the owner of the instant housing, entered into a lease agreement with Defendant B, which provides for KRW 50 million (payment on April 15), KRW 700,000 per month (payment on April 15, 2008), and from April 15, 2008 to April 15, 2010 (hereinafter “instant lease agreement”), and leased the instant housing to Defendant B.

The Plaintiff received KRW 50 million from Defendant B around that time.

B. On April 15, 2008, the Defendant entered into a lease agreement with the Plaintiff as the lessor (a lease agreement accepting only the lease deposit without rent) through the real estate brokerage office (the broker D and the broker assistant Defendant B) and resided in the instant housing.

C. However, Defendant B received the instant house based on the instant lease agreement with the Plaintiff, and without obtaining the Plaintiff’s consent or consent, leased the instant house under the Plaintiff’s name and received the deposit for lease.

Defendant B did not pay the rent of KRW 4.2 million until December 15, 2015 under the instant lease agreement (=700,000 x 7 months).

The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in rent through the instant complaint, and the duplicate of the complaint was served on the Defendant on February 29, 2015.

[Reasons for Recognition] Records ; Gap 1, 2 evidence; Eul 1 to 5 evidence (including above numbers; hereinafter the same shall apply); the purport of the whole pleadings

2. Determination as to the claim against Defendant B and the principal claim against Defendant C

A. The Plaintiff’s assertion that the instant lease agreement was terminated on the ground of two or more occasions of delinquency in rent.

Therefore, Defendant B received the remaining money from the Plaintiff after deducting the amount calculated by the rate of KRW 700,000 per month, which is the amount equivalent to the rent from December 16, 2015 to the delivery date of the instant house, from KRW 45,80,00 (=50,000,000,000) as of December 16, 2015.