1. The Plaintiff (Counterclaim Defendant) paid KRW 21,540,390 to the Defendant (Counterclaim Plaintiff) and the amount from April 2, 2016 to January 14, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 22, 2012, the Defendant leased a building stated in the purport of the claim (hereinafter “instant store”) from C, with a deposit of KRW 30,00,000, monthly rent of KRW 1,000,000, and the period from April 1, 2012 to April 1, 2014. From that time, the Defendant carried out the business of packing and selling the instant store with the trade name “D” at the instant store.

B. On November 28, 2013, the Plaintiff and E acquired 1/2 shares of each of the commercial buildings including the instant stores.

C. On December 4, 2013, the Plaintiff entered into a lease agreement with the Defendant and the instant store with a deposit of KRW 30,000,000, monthly rent of KRW 1,000,000 (after payment each month), and the period from April 1, 2012 to March 31, 2014 (hereinafter “instant lease agreement”). The instant lease agreement was renewed by March 31, 2016.

However, the monthly rent has increased to KRW 1,100,00 (Additional Tax Map) from April 30, 2014.

On March 31, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease agreement expired on March 31, 2016, and that the Plaintiff did not intend to renew it.

E. On April 1, 2016, when the instant lease contract expired, the Defendant left the instant store and did not contact the Plaintiff, and was left to a store where another business was operated in the building where the instant store was located without notifying the Plaintiff of the key to the instant store.

At the time of eviction, two or three chairs and garbage bags were left unattended in the instant store, and the kitchen equipment and others were left outside the store.

F. Meanwhile, at the time of the withdrawal, the Defendant’s unpaid rent amounted to KRW 3,630,000 in total for three months (from January to March, 2016), and the electricity fee was in arrears by KRW 369,610 in total for February and March, 2016.

In addition, the defendant's store was installed inside and outside of the store of this case and failed to remove it or neglected all kinds of waste, etc.