1. The counterclaim Defendant: 1,108,240 won to the counterclaim and 5% per annum from November 21, 2019 to February 7, 2020.

1. Basic facts

A. The counterclaim Defendant, on May 14, 2018, leased the instant house to the Counterclaim Plaintiff for a period of KRW 15 million and KRW 300,000,000 from June 15, 2018 to June 14, 2020.

B. On April 16, 2019, the Counterclaim notified the Counterclaim Defendant of his/her intent to terminate the instant lease agreement on the ground that he/she requested the repair work due to water leakage and mycoi in the instant housing, but did not take any measures.

C. On May 9, 2019, the counterclaim Defendant filed the instant lawsuit seeking unjust enrichment equivalent to the delivery of the instant house and the rent. On August 24, 2019, the counterclaim Defendant handed over the instant house to the counterclaim Defendant.

On October 29, 2019, the counterclaim Defendant deposited KRW 13,171,760,000 after deducting overdue rent, water supply and drainage, septic tanks, etc., from the lease deposit amounting to KRW 15 million. On November 29, 2019, the counterclaim Defendant reserved an objection on November 20, 2019 and received the instant deposit. The counterclaim Defendant withdrawn the instant principal lawsuit on December 13, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination on the cause of the counterclaim

A. The gist of the counterclaim’s assertion is that the Plaintiff suffered damages equivalent to KRW 4,183,90,00 in total, including the boiler repair cost of KRW 80,00,000, the director’s expense of KRW 800,000, the brokerage fee of KRW 180,000, the hospital treatment cost of KRW 123,90, the hospital treatment cost of KRW 3,000, and the solatium amount of KRW 3,00,00, due to defects in water leakage, myi, etc. in the instant housing that occurred from December 2018.

Therefore, the counterclaim Defendant is obligated to pay to the counterclaim the remainder of KRW 6,012,140, and damages for delay, excluding KRW 13,171,760, which the Plaintiff received from the Plaintiff in total of KRW 15,00,000 and KRW 4,183,90, and KRW 13,171,760.

(b) judgment;