1. The Defendant (Counterclaim Plaintiff) receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. On May 15, 2007, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant on the terms of KRW 10,000,000, monthly rent of KRW 600,000 (payment on May 15, 2007), and the term of lease from May 15, 2007 to 24 months with respect to the portion of KRW 36.3 square meters on board (A) connected in sequence 1, 2,5,6, and 1 of the attached drawings among the real estate listed in the attached Form (hereinafter “instant real estate”). The instant lease agreement was renewed thereafter.

B. As the Defendant delayed to pay the rent after December 2012, the Plaintiff declared that the instant lease was terminated on the ground that the rent of the instant real estate was more than two years in arrears through the instant complaint, and the instant warden was served on the Defendant on October 20, 2014.

C. The Defendant partially paid the foregoing overdue rent, but without paying the rent after November 2014, occupied and used the instant real estate.

[Ground of Recognition: Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 3, Gap evidence 6-1, Eul evidence 1, the purport of the whole pleadings]

2. Determination as to the principal lawsuit

A. According to the above facts, the instant lease agreement was terminated on the grounds of the Defendant’s delinquency in the payment of two or more rents, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 600,000 per month from November 16, 2014 to the completion date of delivery of the instant real estate.

B. The defendant shall make a plea of simultaneous performance that the plaintiff cannot respond to his claim until he receives a refund of deposit for lease from the plaintiff.

When the building lease contract is terminated, the remaining lease deposit is deducted from the lessee's obligation to restore the object to the lessor and the damages claim, etc. arising from the overdue rent and the performance of the obligation to specify the building.