Defendant (Counterclaim Plaintiff) who exceeds the following part concerning the principal lawsuit of the judgment of the first instance.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The reasoning for this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

B. 1) The Plaintiff asserts that the instant lease agreement was revoked by delivering a copy of the instant complaint, as the Plaintiff had been aware of well-known that the Defendant was not able to obtain a profit in operating the instant restaurant at the time of the conclusion of the instant lease agreement, and was unaware of the Plaintiff that the monthly profit of KRW 30,000,000 in the instant restaurant was insufficient.

In this regard, only the evidence submitted by the Plaintiff and the testimony of the witness C of the first instance trial by the witness of the first instance trial, by guaranteeing the above sales to the Plaintiff and deceiving the Plaintiff.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

2) In determining the allegation that the lease contract of this case is terminated, the lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease contract is in existence (Article 623 of the Civil Act). Thus, if the leased object is damaged or damaged and if it is not repaired, the lessor is obliged to repair the leased object to the extent that it would interfere with the lessee’s use and profit-making according to the objective determined by the contract, unless it is repaired.

Such a lessor’s duty of repair is recognized to the extent necessary to enable the lessee to use and take profits from the leased object according to the purpose of the lease, barring any special circumstances, and thus, causes the lessor’s duty of repair.