1. The Defendant (Counterclaim Plaintiff) paid KRW 4,059,00 to the Plaintiff (Counterclaim Defendant) for KRW 4,059,00 and its amount from August 1, 2017 to August 8, 2018.

1. Facts of recognition;

A. On January 26, 2015, the Plaintiff was the owner of the Young-gu D Underground Parking Lot E (hereinafter “instant building”). On January 26, 2015, the Plaintiff determined the lease deposit amount of KRW 20 million to the Defendant from February 3, 2015 to February 2, 2017, as the lease deposit amount of KRW 20 million, and monthly rent of KRW 1870,00 (including value-added tax).

B. On February 3, 2015, the Defendant received the instant building from the Plaintiff, and conducted restaurant business in the name of “F” after completing business registration on April 3, 2015.

C. The Plaintiff and the Defendant agreed to extend the term of lease to April 30, 2017, with the purport of guaranteeing the Defendant’s opportunity to recover premiums, and adjusted monthly rent to KRW 1210,00 (including value-added tax).

On the other hand, the defendant could not recover the premium, and on May 1, 2017, the plaintiff returned the lease deposit amount of KRW 20 million to the defendant.

After that, the Defendant discontinued the restaurant business, and delivered the instant building to the Plaintiff on August 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 5 through 8 and the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the claim 1) The Plaintiff asserts that the Defendant is liable to pay the Plaintiff the sum of KRW 6,050,410,000 from May 1, 2017 to August 1, 2017, as well as KRW 5.1 million equivalent to the rent for three months from May 2, 2017 to August 1, 2017 (=170,000 won x 3 months) and management expenses (i.e., June 30, 263,670 to June 263, 2670 to July 309, KRW 800, KRW 6,050, KRW 940, and delay damages. 2) The Plaintiff claimed that the Plaintiff was liable to compensate for damages based on illegal acts; and according to the above recognition, the Defendant did not return the lease deposit to the Plaintiff on May 2, 2017.