A. On March 29, 2010, the Plaintiff: (a) leased part of 197.76 square meters inboard connecting each point of the attached Form No. 1, 2, 3, 4, and 1 among the buildings listed in the attached Table No. 1 owned by the Plaintiff (hereinafter “instant store”) to the Defendant on the basis of the lease term from March 29, 2010 to March 28, 2012; (b) leased KRW 30 million in lease deposit; and (c) monthly rent of KRW 2.3 million in value-added tax (hereinafter “instant lease agreement”); and (d) impliedly renewed the lease agreement as of February 20, 2015. < Amended by Act No. 13173, Feb. 20, 2015>

3. 24. The same year;

4.2. Upon notifying the Defendant of the expiration of the lease term, the Defendant sought to deliver the instant store.

B. From May 2012, the Defendant did not pay the Plaintiff the monthly rent under the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts found in the judgment on the main claim, the instant lease contract was terminated on March 28, 2015, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff by restitution.

3. Judgment on the counterclaim

A. The purport of the Defendant’s assertion is that the Plaintiff did not protect the Defendant’s premium at the time of entering into the instant lease agreement, stating that “the premium and facility cost at the time of the expiration of the lease agreement shall not be absolutely acknowledged” in the lease agreement, and, after the termination of the lease, led the Defendant to the end of the lease agreement by intentionally closing the monthly rent deposit account from February 2015 to prevent the Defendant from obtaining an opportunity to recover the premium.

This is because the plaintiff violated the duty to protect the opportunity to recover the premium of a lessor under Article 10-4 of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act"). Therefore, the defendant suffered therefrom.