1. From March 6, 2014 to April 21, 2015, Plaintiff (Counterclaim Defendant) paid KRW 11 million to the Defendant (Counterclaim Plaintiff) and against such KRW.

1. Basic facts

A. On March 2009, the Plaintiff entered into a lease agreement (the instant lease agreement) with the Defendant on the three-story building (the instant building) on the land owned by the Plaintiff, Chungcheongnam-si, Chungcheongnam-si.

B. After that, the Defendant operated a restaurant in the instant building, and delivered the instant building to the Plaintiff on March 5, 2014.

Around that time, the instant lease contract was terminated.

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion of the main claim is to pay KRW 2 million per month of the rent without a deposit. The Defendant delayed the rent of KRW 110 million for 55 months from August 2009 to February 2014.

The plaintiff seeks payment of KRW 50 million, which is a part of its money.

B. The gist of the Defendant’s counterclaim assertion: (a) the instant lease agreement was to pay KRW 50 million a monthly rent of KRW 1 million on the 10th day of each month; and (b) the Defendant delayed payment of KRW 39 million a monthly rent from January 201 to March 5, 2014.

If the claim for the refund of the lease deposit and the claim for the overdue rent are offset, the plaintiff shall return the deposit deposit of KRW 11 million to the defendant (=the deposit of KRW 50 million - the overdue rent of KRW 39 million).

3. Judgment on the plaintiff's main claim

A. Each statement of Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) and witness D’s testimony alone, in light of the following circumstances, it is difficult to recognize that the instant lease agreement entered into an agreement with KRW 2 million per month, and accordingly, the defendant did not pay the rent of KRW 110 million, and there is no other evidence to acknowledge otherwise.

Rather, in full view of the following circumstances that are acknowledged by adding the purport of the entire pleadings to each statement in the evidence Nos. 1-11, the Plaintiff and the Defendant agreed to set up the instant lease agreement with the Plaintiff at KRW 1 million per month, and the Defendant paid the Plaintiff the rent by December 2010.

The Plaintiff’s building on January 30, 2009 is related to the Defendant and the instant building.