1. The Defendant (Counterclaim Plaintiff) paid KRW 6,356,516 to the Plaintiff (Counterclaim Defendant) and its related amount from June 8, 2017 to October 24, 2018.

The main lawsuit, counterclaim is also considered.

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On October 28, 2016, the Plaintiff leased the entire D1st floor from Ulsan-gu, Ulsan-gu (hereinafter referred to as the “instant store”) and operated the store with the trade name “E”, and sublets half of the store to the Defendant on October 28, 2016.

[A] At the time, the Plaintiff paid the lessor the monthly rent of KRW 5.3 million (Additional Tax) in addition to the deposit of KRW 100 million.

[A] The Defendant paid 45 million won as premium in addition to the lease deposit amount of KRW 50 million, while driving half of the store as above from the Plaintiff. The Defendant paid KRW 45 million as premium.

[A, the Financial Information Society of July 11, 2018] The Defendant acquired a store and operated a clothing store in the trade name of “F”.

On December 28, 2016, the Plaintiff drafted a lease contract again with the lessor.

Monthly rent was set as KRW 2.8 million (Additional Tax Map).

[A] The Defendant also drafted a lease contract with a lessor on January 19, 2017.

The monthly rent was agreed to be KRW 2.8 million (Additional Tax separately) as the Plaintiff.

From October 28, 2016 to January 7, 2017, the card sales earned by the Defendant operating a clothing store are total of 26,905,100 won.

[3] The daily average amount of 373,681 won (=26,905,100 won ± 72 days; hereinafter the same shall apply). The daily average amount of 11,366,130 won when converting it into monthly sales (=37,681 won x 365/12 months).

2. Judgment on the plaintiff's main claim

A. In light of the fact that the Defendant, if there exists an agreement on the settlement of rent, etc., charged a half of the lease deposit paid by the Plaintiff to the lessor while making half of the lease deposit paid by the Plaintiff from the Plaintiff, the Plaintiff is in fact entitled to use the lease deposit with only KRW 50 million, while subleting half of the lease deposit to the Defendant in light of the relationship with the original Defendant and the circumstances leading up to sublets, and the amount of monthly rent borne by the Plaintiff.