1. On October 14, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 19,420,00 and the Plaintiff’s counterclaim on April 12, 2016.

1. Basic facts

A. On July 2007, the Plaintiff and the Defendant concluded a lease contract with respect to the lease deposit of KRW 30 million, monthly rent of KRW 1.3 million, from July 27, 2007 to July 26, 2009 with respect to the portion of 29.7 square meters in the same building among the buildings owned by the Plaintiff (hereinafter “the instant one store”). On August 6, 2007, the Plaintiff and the Defendant concluded a lease contract with respect to the lease deposit of KRW 30 million, monthly rent of KRW 1.3 million, and from August 6, 2007 to August 5, 2009, respectively.

B. The Plaintiff and the Defendant delivered a building and paid a lease deposit in accordance with each of the above lease agreements. The Plaintiff and the Defendant continued to acquire and operate tobacco sales business operated by the Plaintiff in the name of the Plaintiff. In this regard, the Defendant agreed to acquire profits and losses from the operation thereof in the name of the Plaintiff. In addition to the deposit amount of KRW 30 million under the lease agreement of the two stores in this case, the Defendant paid the Plaintiff KRW 30 million separately, and the Plaintiff operated tobacco sales business during the lease period of the said two stores.

C. Since then, each lease contract for the instant 1 and 2 stores was implicitly renewed, and the Defendant notified the Plaintiff on June 19, 2015 to the effect that “only a store is operated within the contract period (as of July 27, 2015) and the deposit is to be immediately dismissed.” The lease for the said 1 store was terminated after July 26, 2015, which is the last day of the contract term. The lease for the said 2 store was terminated after the Plaintiff explicitly consented to the said notice given by the Defendant. The lease for the said 2 store was also terminated after July 26, 2015.

On the other hand, on October 14, 2015, the Defendant delivered the instant 1 and 2 stores to the Plaintiff. The sum of the rent for each of the said stores during the lease term and the amount of unjust enrichment equivalent to the rent for the said respective stores is KRW 323,580,000, and the Defendant is the Defendant.