1. The Defendant (Counterclaim Plaintiff) paid KRW 16,707,246 to the Plaintiff (Counterclaim Defendant) and the amount from November 23, 2012 to December 24, 2013.

1. Basic facts

A. On September 16, 201, the Plaintiff concluded the instant lease agreement with the Defendant and its owner on the condition that the instant building was leased KRW 20,000,000 per lease deposit, KRW 800,00 per month of rent (which was reduced to KRW 750,000 from May 16, 2012) and the lease period by September 15, 2013.

On September 16, 2011, the Plaintiff paid the above lease deposit to the Defendant, and thereafter was engaged in entertainment tavern business by occupying and using the instant building from that time.

B. On August 3, 2012, at around 11:30,00, a fire occurred in the instant building, and the instant building was destroyed to the extent that it could not be used for entertainment tavern business purposes.

After that, the Plaintiff did not engage in entertainment tavern business by occupying and using the instant building.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 9-1, 2, Gap evidence 10-1, 2, Eul evidence 1-5 through 41, the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s claim for the return of the lease deposit, the instant lease agreement was concluded on the same day, since the instant building was destroyed by fire on August 3, 2012, thereby making it impossible to achieve the purpose.

(see, e.g., Supreme Court Decision 8,103, 104 pages). Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of the lease deposit amounting to KRW 20,000,000 less the cost of restoration, etc.

B. The Plaintiff asserted that the Defendant’s claim for delivery of the building was 1) and the Plaintiff did not deliver the instant building to the Defendant. The Plaintiff did not pay a rent after August 15, 2012. For this reason, the Defendant terminated the instant lease by serving a counterclaim. Therefore, the Plaintiff is obliged to deliver the instant building to the Defendant, and to pay a rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 800,000 per month from August 15, 2012 to the completion date of its delivery. (2) Comprehensively taking into account the overall purport of the arguments in the evidence No. 3, the Plaintiff is liable to pay a rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 800,00 per month from August 15, 2012