1. The Plaintiff (Counterclaim Defendant) paid KRW 23,695,00 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from February 4, 2017 to October 22, 2019.

1. Basic facts

A. On October 27, 2011, the Plaintiff entered into a lease agreement with the Defendant with regard to the instant real estate from November 1, 2011 to October 31, 2013, with a lease deposit of KRW 80,000,000, monthly rent of KRW 3,740,000 (hereinafter “instant lease agreement”). The Defendant operated a new retail store with the trade name “C” (hereinafter “instant store”).

B. After that, the Plaintiff and the Defendant entered into an agreement to increase the lease term by October 18, 2013 as of October 31, 2014, which is the time when the said lease term expires, to KRW 5,000,000 (Additional Tax separately) as monthly rent. In addition, on November 1, 2014, the lease term as of November 31, 2014, which is the time when the said lease term expires, extended to October 31, 2015, with an agreement to increase the lease term to KRW 5,500,00 (Additional Tax separately) monthly rent as of October 31, 2015.

C. On August 4, 2015, the Defendant entered into a contract for the transfer and takeover of rights (including facility costs) with respect to the instant store and paid the down payment of KRW 10,000,000,000 between D and D. However, E, the Plaintiff’s agent, refused to succeed to a lease agreement with a new lessee and thus the said contract was unpaid.

Meanwhile, from November 1, 2014 to November 1, 2014, the Defendant did not pay management expenses that the Defendant had paid in 165,000 won each month, and the monthly rent began to be in arrears from September 1, 2015, and the Plaintiff sent to the Defendant, as of May 31, 2016, a certificate of the purport that the Plaintiff seeks termination of the instant lease agreement and reinstatement.

E. On January 31, 2017, the Defendant handed over the instant real estate to the Plaintiff and filed a report on the closure of business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 7, 8, 9, witness E and D's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. As seen earlier, the Defendant had already delivered the instant real estate to the Plaintiff on January 31, 2017.