1. The Defendant (Counterclaim Plaintiff) paid KRW 213,740,540 to the Plaintiff (Counterclaim Defendant) and its amount from February 14, 2018 to September 19, 2018.

1. Basic facts

A. On February 4, 2014, the Plaintiff (Lessee) entered into the instant lease agreement with the Defendant (Lessor) with respect to a store (exclusively used area of 146 square meters; hereinafter “instant store”) located in Seongdong-gu Seoul Metropolitan Government fourth-story cafeteria, and operated the “E” cafeteria at the instant store.

The lease term of the instant lease contract: (a) the settlement of the rent for the month from January 7, 2014 to January 6, 2017 (2) / (b) the monthly rent for the Plaintiff / [Plaintiff] shall be 16% when the total sales (including additional tax) are at least 100,000,000 won per month (including additional tax), and 15% when the total sales are at least 100,000,000 won; (c) the settlement of the rent for the month shall be made after the end of each month.

4) The minimum rent of Eul is 12,000,000 (including value added tax) for Eul shall be 12,00,000 won (including value added tax) and 6) shall submit the sales of the 15th day of each month and the 1st day of the following month to Gap [Defendant] on the 16th day of the following month, respectively.

7) B shall deposit the monthly rent for the preceding month into the account designated by A by the 8th day of the following month. Article 29 (In a case where the articles and property owned by B are not taken out or leased objects are not restored to the original state by the date of termination of the contract, the amount equivalent to twice the rent and management fee calculated from the date of termination of this contract to the date of restoration to the name of B or to the date of restoration to the original state shall be paid to A as damages.

(1) Omission of fractional notes

B. On November 23, 2016, the Defendant filed a lawsuit against the Plaintiff (Seoul Central District Court 2016Da5280940, hereinafter “related lawsuit”).

Based on the premise that the instant lease agreement was terminated on January 6, 2017, the said court accepted the Plaintiff’s simultaneous performance defense with the Plaintiff’s claim to return the lease deposit, and rendered a judgment that “the Plaintiff is paid KRW 650,000,000 from the Defendant and at the same time delivered the instant store to the Defendant.”