1. The Defendant (Counterclaim Plaintiff) paid KRW 29,686,191 to the Plaintiff (Counterclaim Defendant) and its related amount from March 13, 2019 to April 12, 2019.

1. Facts of recognition;

A. On December 30, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease of the Geumcheon-gu Seoul Metropolitan Government and the second floor D commercial building (hereinafter “instant commercial building”) with a deposit of KRW 7 million from January 10, 2017 to January 9, 2019, and KRW 680,000 (excluding value-added tax and management fee) monthly rent (hereinafter “instant agreement”). From January 10, 2017, the Plaintiff operated the four-day commercial building in the foregoing commercial building.

B. On January 29, 2018, the Plaintiff suffered from the loss of household and products, etc. in a commercial building in which water was accumulated in the ceiling and the wall, etc., due to the water leakage occurring in the instant shopping mall.

(hereinafter referred to as “instant accident”). (c)

The instant accident occurred with wind generated from water pipes installed in the instant shopping mall and supplied hot water to the third floor. D.

Even after the instant accident, the Plaintiff failed to resume its four-day operation as it did not resolve any water leakage problem even after the instant accident, and on March 2, 2018, expressed to the Defendant the intent to terminate the instant contract.

E. On November 15, 2018, when conducting an on-site investigation for appraisal, leakage was continued in the above pipes.

F. On January 12, 2019, the Plaintiff delivered the instant commercial building to the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 4, 7, Eul evidence 3, the appraisal result of appraiser E, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The main point of the Plaintiff’s assertion is the owner of the instant commercial building, who is liable for damages due to defects in the establishment and preservation of the structure, and/or the lessor, who breached his/her duty to use the leased object and maintain it in a state necessary for profit-making.

Therefore, the Defendant caused the Plaintiff’s loss (affirmative loss) caused by the instant accident to the household, product, goods, and interior, etc. owned by the Plaintiff, which were kept in custody in the instant commercial building (affirmative loss) and the instant accident.