1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was from the Plaintiff (Counterclaim Defendant) on 5,207.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

A. From April 1996, the Defendant leased and operated “B” the store as indicated in the Disposition No. 1’s A (hereinafter “instant store”).

B. Around June 30, 2011, the Plaintiff succeeded to the lease agreement between the former owner and the Defendant by purchasing buildings listed in the separate sheet from the former owner. Around 2013, the lease agreement was renewed with the Defendant. A deposit was KRW 10 million for the said lease, KRW 1 million for the monthly rent (payment after July 25), and the lease term was from July 1, 2013 to June 30, 2015.

(hereinafter “instant lease agreement”). C.

On April 8, 2015, the Plaintiff refused to renew the instant lease agreement to the Defendant on June 30, 2015, as the Plaintiff’s notice of June 30, 2015 (No. 4’s certificate of June 31, 2015) is deemed as a clerical error, and the Plaintiff did not have any intent to extend or renew the contract after the expiration of the contract period.

D. On the other hand, the Defendant paid monthly rent on July 23, 2015, which was after the instant lawsuit was filed, to the extent that the monthly rent was equivalent to the monthly rent from July 2015 to September 2015. E. The Plaintiff delivered to the Defendant the instant premium in exchange for the payment of the remaining deposit amount of KRW 5 million, and paid the unjust enrichment calculated at the rate of KRW 1 million each month from February 25, 2016 to June 2015.

The instant lawsuit was filed with the purport that “The Defendant is entitled to receive the remaining security deposit remaining after deducting unjust enrichment calculated by the ratio of KRW 1 million per month from February 25, 2016 to the completion date of the delivery of the instant case from February 25, 2016 to February 1, 2016, and simultaneously deliver the said deposit to the Plaintiff. The Plaintiff simultaneously pays the remaining security deposit to the Defendant.

The declaration of provisional execution is made on the above extradition judgment and the remaining security payment judgment.