1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

The principal lawsuit and counterclaim shall be judged together.

Basic facts are: (a) on July 21, 2009, the Defendant leased and used the lease deposit amount of KRW 63,500,000 and the lease term of KRW 24 months to the 106, Dong-dong 106 (hereinafter “instant apartment”) owned by the Plaintiff; (b) on July 21, 2009, the Defendant extended the lease term to the 24th of July 201 and used it until the first of July 2013.

The defendant paid 822,550 won to the long-term repair appropriations for the apartment of this case during the above lease period.

The Plaintiff’s assertion by the Plaintiff violated the lessee’s duty to preserve the leased object while leasing and using the instant apartment. As such, the Plaintiff destroyed and destroyed various parts, such as even even even if the Plaintiff breached the lessee’s duty to preserve the leased object, knife, contact and fire reduction devices, tackers, tackers, beeas, and beeas, the Plaintiff is liable to pay damages equivalent to the cost of restoring the Plaintiff’s restoration to its original state, as well as damages incurred therefrom.

The defendant did not neglect his duty of care in occupying and using the apartment of this case, and since part of the damage and destruction of the apartment of this case naturally occurred due to the old building that was constructed for 20 years since the apartment of this case was constructed, the defendant cannot respond to the plaintiff's request for main lawsuit.

Rather, the Plaintiff should return the long-term repair appropriations paid by the Defendant to the Defendant 82,550 won.

Judgment

Even if there is no explicit agreement on the lease contract on the claim for main claim, the lessee is obligated to preserve the leased object with the care of a good manager pursuant to Article 374 of the Civil Act, and the lessee is obligated to restore the leased object to its original state upon termination of the lease.

(Article 654 and 615 of the Civil Act). The general contents of the preservation obligation to be borne by the lessee shall be obliged to take measures to prevent the loss of the object, and protect the leased object from natural or artificial damage.