1. The defendant (Counterclaim plaintiff) filed by this court shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) as to the principal lawsuit.

1. Basic facts

A. On June 26, 2014, the Plaintiff leased (hereinafter “instant lease agreement”) a building listed in the attached list to the Defendant from the deposit amounting to KRW 2,855,00, KRW 177,440 per month, and the period from July 30, 2014 to September 30, 2016.

In the instant lease agreement, if the Defendant does not pay the above difference in time, the late payment charge (the late payment charge calculated by applying the minimum annual interest rate for general loan loans of financial institutions whose share in the household fund loan market is the highest as a financial institution under the Banking Act) determined by the Plaintiff shall be added (Article 1(3) and (4) of the General Conditions for Contracts). In the event that the Defendant has delayed payment for more than three consecutive months, the Plaintiff may terminate the instant lease agreement.

(Article VIII(1)4 of the General Terms of Contracts).

The Defendant did not pay to the Plaintiff the sum of the monthly rent of 13 months from August 2014 to August 2015 and the late payment charge of 2,543,940 won.

C. Accordingly, the Plaintiff notified the Defendant of the termination of the instant lease agreement by serving a copy of the instant complaint on the grounds of the delinquency in rent for not less than three months.

After the filing of the instant lawsuit, the Defendant paid the Plaintiff KRW 2,60,00 on September 20, 2016 and KRW 1,960,220 on May 30, 2017, totaling KRW 2,660,220 on the pretext of rent, and the Plaintiff appropriated the said money for the rent in arrears and the rent in arrears.

As of May 31, 2017, the Defendant unpaid 28,900 won including the late rent arrears of 22,740 won as of May 31, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-1, 4, 5, 9, 10, 12-1, 5 and 11-2, and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent.

I would like to say.

The Defendant paid most of the rents in arrears to the Plaintiff after filing the instant suit.