1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On August 29, 2016, the Plaintiff and the Defendant concluded a lease agreement of KRW 500,000,000 with respect to the instant real estate, as well as a lease agreement of KRW 2 years from October 27, 2016 (hereinafter “instant lease agreement”); and the fact that the instant lease agreement has expired due to the expiration of the period is not disputed between the parties.

2. The parties' assertion

A. The Plaintiff seek against the Defendant for the payment of KRW 500,000,000 as lease deposit and damages for delay from the day following the delivery of a copy of the complaint on the ground that the instant lease contract had been terminated.

B. The Defendant paid the Plaintiff KRW 10,000,000 out of the lease deposit amount of KRW 500,000,000 to the Plaintiff, and thus, the remaining lease deposit of the Plaintiff is KRW 490,000,000. At the same time, the Plaintiff received the instant real estate from the Plaintiff, and at the same time returned the said KRW 490,00,000,000. As to the Plaintiff’s claim for the principal lawsuit, the Defendant asserted that the Plaintiff should deliver the instant real estate to the Defendant at the time of the counterclaim, while receiving the Plaintiff’s claim for the counterclaim from the Defendant.

3. First, as to whether the Defendant repaid KRW 10,00,000 to the Plaintiff out of the lease deposit, it is difficult to accept the Defendant’s assertion that the Defendant paid KRW 10,000,00 to the Plaintiff on November 2019, although there is no dispute between the parties, as to the process of payment of KRW 10,00,000,00 to the Plaintiff, the Plaintiff voluntarily paid to the Plaintiff as to the fact that the Defendant was unable to pay the lease deposit. However, contrary to the Plaintiff’s assertion as above, there is no evidence to support that the Plaintiff paid KRW 10,00,000 to the Plaintiff as the repayment of the lease deposit. Accordingly, the lease contract in this case was terminated upon the expiration of the lease term, and the lessee’s duty to return the leased object and the lessor’s duty to return the leased object upon the termination of the lease term.