1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2.In addition, a new trial shall be added.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 10, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 30,000,000, monthly rent of KRW 2,500,000 (payment on July 20), and the lease term of KRW 60,00 from July 10, 209.

At the time, the Defendant transferred all houses installed in the instant building to the Plaintiff at KRW 8,00,00,000, and agreed that the Defendant repair and repair the building when the Plaintiff demanded construction to the Defendant due to the construction of the instant building, the collapse of the building, or natural disasters.

(hereinafter “instant lease agreement”). Around that time, the Plaintiff paid the Defendant the said deposit of KRW 30,00,000 and KRW 38,000,000,000 to the Defendant, and began a restaurant business with the trade name “D” from August 2009 to August 2009.

B. From July 2009 to September 201, 2010, the Defendant paid only KRW 11,000,000 among the rent of KRW 35,00,000, and delayed payment of KRW 24,000,000, the Defendant urged the Plaintiff to pay the above overdue rent of KRW 24,00,000 on October 4, 201.

On November 4, 2010, the Plaintiff responded to the Defendant on November 4, 2010, that there was no normal contract, such as recontract with H, a registered titleholder of the instant building, and that there was a enormous impediment to the business due to fire risk, etc. caused by the roof water and the wrong electric wires, and that the Plaintiff cannot pay the car unless this problem is resolved first.

C. After that, the Plaintiff and the Defendant agreed on November 25, 2010 to calculate the difference in arrears as KRW 29,000,000 as well as to reduce the monthly rent as KRW 1,900,000, and to change the payment date on the 25th day of each month.

The Plaintiff paid KRW 23,00,000 on November 25, 201 of the same year among the above overdue rent, KRW 6,000,000 on December 28, 201 of the same year, and KRW 23,000,000 on February 2, 201, and KRW 1,90,000.