1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the real estate listed in the attached list, 120.9 square meters in inn of the second floor and 3.

A principal lawsuit shall also be deemed a principal lawsuit.

1. Facts of recognition;

A. On March 14, 2015, the Plaintiff, the owner of a building indicated in the attached list, entered into a lease agreement between the Defendant and his/her second floor with the view to 120.9m2 inn of the second floor, 120.9m2 inn of the third floor, 70m2 in a rooftop of the non-productiond building (hereinafter “the instant inn”), a deposit of KRW 10,000,000, monthly tax of KRW 500,000, and the contract period of the contract from that time until March 13, 2017.

B. The Defendant paid to the Plaintiff KRW 10,000,000 and KRW 500,000 per first month.

C. On February 3, 2017, the Plaintiff notified the termination of the lease agreement on the grounds that the Defendant did not pay KRW 300,000 among the monthly rent from August 2016, and the monthly rent from September to December.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the counterclaim against the principal lawsuit

A. 1) The Plaintiff asserted the principal lawsuit as to the counterclaim 1) The Plaintiff filed a claim with the Defendant for unjust enrichment equivalent to KRW 500,000,000, monthly from March 11, 2017 to the date following the delivery of the instant complaint, on the grounds of termination of the lease contract. 2) The Defendant claiming the counterclaim, claiming the return of KRW 10,000,000, deposit, against the Plaintiff as the counterclaim.

B. 1) Determination on the counterclaim against the principal lawsuit 1) The burden of proof as to whether a monthly rent has been paid should be borne by the lessee under a lease agreement on the judgment of the principal lawsuit. Since the Defendant, the lessee, failed to prove the fact of monthly rent payment (the Defendant did not submit the account details, asserting that the monthly rent was paid to the account (the Defendant

In this case, according to the Plaintiff’s assertion, it cannot be deemed that the Defendant did not pay the monthly rent of KRW 300,000 among the monthly rent of August 3, 2016, and the monthly rent of September through December from August 2016. Therefore, the instant lease agreement was terminated upon the Plaintiff’s notice of termination on the grounds of the Defendant’s delay of rent.

Therefore, the defendant ordered the plaintiff to leave the instant hospital, and served the complaint of this case on the date the plaintiff requested.