Of the judgment of the court of first instance, the part of the judgment against the Counterclaim that orders additional payment shall be revoked.

1. Basic facts

A. On July 13, 2010, the Lessee concluded a lease agreement with regard to the buildings listed in the separate sheet (hereinafter “instant store”) owned by C and C (hereinafter “instant store”) by setting the lease deposit of KRW 25 million, monthly rent of KRW 700,000,000, and the lease term from September 20, 2010 to September 19, 2012.

Since then, the instant store was sold from C to E, respectively, from E to the counterclaim Defendant, and the counterclaim Defendant acquired the ownership of the instant store on June 4, 2015.

B. Since concluding a lease agreement with C on July 13, 2010, the Counterclaim Plaintiff entered into a lease agreement with the owner of the instant store and operated a restaurant with each other, “H” at the instant store. On September 15, 2016, the Counterclaim Defendant entered into a lease agreement with the term of KRW 25 million for the instant store, KRW 1 million for monthly rent, and the term of lease from September 15, 2016 to September 14, 2018 (hereinafter “instant lease agreement”).

C. Around July 2018, the time when the instant lease contract expires, the counterclaim Defendant expressed his/her intent to refuse the contract renewal to the counterclaim. On August 28, 2018, the counterclaim Defendant sent to the counterclaim Defendant a certificate of content that “it is possible for the counterclaim to cooperate with him/her so that he/she can recover the premium even for the premium, and request the answer regarding the content certification by August 31, 2018.”

On August 29, 2018, the counterclaim Defendant sent to the counterclaim a certificate to the effect that “The Counterclaim Defendant shall not be able to renew the instant lease agreement, and five years have elapsed since the date of the first lease agreement on the instant store of the Counterclaim Plaintiff, the Counterclaim Defendant shall not be able to fully acknowledge the renewal of the lease agreement, premium, facility cost, etc. claimed by the Lessee, and all matters regarding the Lessee’s content certification as of August 28, 2018 are dismissed.”

Since then, the Lessee.