1. The Defendant (Counterclaim Plaintiff) paid KRW 99,788,850 to the Plaintiff (Counterclaim Defendant) and its amount from January 10, 2018 to September 26, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 17, 201, D, the husband of the Plaintiff, entered into a lease agreement with the Defendant on the first floor (hereinafter “instant building”) among the buildings listed in the separate sheet (hereinafter “instant building”) with the lease deposit amounting to KRW 95 million, and from December 23, 2011 to December 22, 2013 (hereinafter “the lease agreement prior to the instant change”), and paid KRW 95 million to the Defendant.

B. Next, D and the Defendant decided to change the lessee of the instant lease agreement to the Plaintiff. According to the said agreement, on November 1, 2013, the Plaintiff concluded a lease agreement with the Defendant with respect to the instant building with the term of KRW 110 million and the term of lease from December 23, 2013 to December 22, 2015 (hereinafter “instant lease agreement”) and paid KRW 15 million increased from the existing lease deposit to the Defendant.

C. Following the amendment of the instant lease contract, the Plaintiff and the Defendant agreed to terminate the instant lease agreement as of December 22, 2017, and thereafter, the Defendant returned KRW 10 million out of the lease deposit to the Plaintiff.

On January 9, 2018, the Plaintiff removed from the instant building.

[Grounds for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim on the principal lawsuit, the lease contract after the instant alteration was terminated on December 22, 2017, and the Plaintiff was deemed to have delivered the instant building to the Defendant on January 9, 2018, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit amount (=10 million won - 10 million won) and damages for delay.

B. The defendant's defense and counterclaim claim (1) The defendant is the plaintiff's lease contract prior to the change of this case and the plaintiff's counterclaim.