1. The Defendant (Counterclaim Plaintiff) receives KRW 13,600,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 18, 2007, the Defendant leased the instant real estate at KRW 30,000,000 from C, and KRW 1,515,000 per month, and operated a restaurant with the trade name “D”.

B. On December 6, 2009, the Plaintiff succeeded to the instant building from C.

C. Around August 2012, the Defendant agreed that the Plaintiff is the tea of the instant real estate at KRW 2,400,000 per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of both parties’ assertion is that the Plaintiff terminated the lease agreement on the instant real estate on the grounds that the Plaintiff did not pay the rent, and seek the delivery of the instant real estate and the payment of the unpaid rent.

In regard to this, the defendant cannot deliver the real estate of this case until the refund of the lease deposit, and asserts that the rent should be reduced since the use and profit-making was hindered due to the defect of the real estate of this case, and further, it is claimed as a counterclaim for the payment of damages due to the defect of the real estate of this case.

3. Judgment on the main claim

A. Comprehensively taking account of the following facts as to whether a lease agreement was terminated, the Defendant paid KRW 2,400,000 for September 20, 2014 to the Plaintiff on March 20, 2015, based on the evidence Nos. 3-1, 2, 3, and 4, as to whether the lease agreement was terminated, and the Defendant paid the Plaintiff the rent of KRW 2,40,000 until then. The fact that the duplicate of the instant complaint, including the declaration of intent to terminate the lease agreement on the instant real estate, was clearly recorded on May 12, 2015, and thus, the lease agreement on the instant real estate was lawfully terminated on May 12, 2015.

B. The following facts are: (a) the amount of unpaid rent and the balance of the rent for the instant real estate 1; (b) the Defendant did not pay rent after October 2014; and (c) the lease agreement on the instant real estate on May 12, 2015.