1. The plaintiff (Counterclaim defendant)'s main claim and the defendant's counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

1. Facts of recognition;

A. From November 15, 2005 to February 17, 2015, the Defendant was the owner of D in Chungcheongnam-gun Hongsung-gun, Hongsung-gun. E leased and operated the said gas station from the Defendant from November 20, 2008.

B. Around January 2013, the Plaintiff entered into a contract with the Defendant’s wife F, who was delegated by the Defendant with the authority to rent a gas station, with the Defendant’s wife F, with the effect that the Plaintiff operated D from February 2013, but did not pay a lease deposit, and instead, the Plaintiff entered into a contract with the Defendant to pay on behalf of the Defendant the interest on the loan that the Defendant received as security,

(hereinafter “instant lease agreement”). C.

However, since there was an obligation to pay oil to E, a former lessee, and could not be abolished business registration under the name of E, the Plaintiff and F agreed to register the Plaintiff as joint business operators of E. For business registration, the Plaintiff and F agreed to register the Plaintiff as joint business operators of E. For the Plaintiff and F, the Plaintiff and F agreed to set up a lease agreement (hereinafter “instant lease agreement”) stating that “the Plaintiff shall set the lease deposit amount of KRW 30 million on February 1, 2013, and the rent shall be KRW 150 million on a monthly basis and lease from the Defendant,” and submitted it to the competent tax office.

The Plaintiff operated D from February 6, 2013, and reported the closure of business on October 10, 2013, and ceased the operation of the gas station around that time. The Defendant returned the lease deposit of KRW 30 million to E on October 7, 2013, which was around the time when the Plaintiff ceased the operation of the gas station. On February 17, 2015, the Plaintiff transferred the said gas station to the former director.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, 8, 10, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. While E is unable to properly operate D, the Plaintiff would operate the gas station until a new lessee or purchaser occurs, such as over the monthly rent, etc., and the Plaintiff would assist the Defendant to operate the gas station. Therefore, a lease contract is concluded.