1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 9, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Busan-gu Busan-gu Seoul-gu Office for lease of KRW 6,000,000, KRW 550,000 per month (the nine day per June), and the lease term from June 9, 2018 to June 8, 2020 (hereinafter “instant lease agreement”).

Article 2 of the Special Agreement on the Lease of this case provides that "a tenant shall seek a tenant on the same condition and pay a real estate fee when he/she requests real estate when cancelling a contract prior to the expiration of the contract."

B. On June 9, 2018, the Plaintiff paid KRW 6,000,000 for lease deposit under the instant lease agreement and KRW 600,000 for prepaid monthly rent, and was handed over the instant officetel.

C. After all, the Plaintiff did not pay monthly rent. On August 11, 2018, the Defendant sent text messages to the effect that the contract is terminated on the ground that the rent was in arrears for two months.

On August 29, 2018, the Plaintiff sent to the Defendant the phrase “I will receive the remainder after deducting the monthly interest from the down payment, if another lessor becomes a lessor according to an in-house notification,” along with the purport that I would again request the rent of an officetel, since it was impossible to use the instant officetel to the Defendant.”

Accordingly, the defendant agreed that the mediation commission will be deducted in addition to the response that he would do so, and the plaintiff will be responsible for the mediation commission for the lessor's burden.

E. On September 12, 2018, the Plaintiff notified the Defendant of the instant officetel password, which is in the status of a factory laboratory, and thereafter, the Defendant changed the password.

F. The Defendant sold the instant officetel on October 15, 2019.

In addition, the management expenses incurred until that time are 2,210,670 won.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3.