1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

(b) June 1, 2018

1. Determination on the main claim

A. (1) On November 24, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on a deposit of KRW 100 million, monthly rent of KRW 4 million (in addition to the overdue interest calculated at the rate of 20% per annum in arrears and overdue interest rate), and provided that the lease contract may be terminated when the annual rent of the instant real estate falls short of the three-year rent.

(2) The Plaintiff operated a coffee shop and Lestop on the instant real estate. On November 24, 2016, the Plaintiff received KRW 200 million from the Defendant as the facility cost and the collection price. However, the KRW 100 million was paid on the contractual date and the KRW 100 million was paid on December 28, 2016, and the remainder was paid on the 16-month basis.

(3) On November 28, 2016, the Defendant began business upon delivery of the instant real estate. Around December 28, 2016, the Defendant paid a rent under a lease agreement and money under the said agreement only until December 2016.

[Ground for Recognition: Facts without a partial dispute, entries in Gap evidence 1, 2, and 9, the purport of the whole pleadings]

B. According to the above facts finding as to the cause of claim, the lease of the instant real estate was terminated by the Defendant’s delinquency in paying rent for more than three years and served on the Defendant on May 29, 2017, as a copy of the complaint containing an expression of intent to terminate the lease contract. Thus, barring any special circumstance, the Defendant is obligated to transfer the instant real estate to the Plaintiff, and to pay the Plaintiff the unpaid rent of KRW 17.6 million (=4 million x 10% x 4.10%) and the amount equivalent to the rent calculated at the rate of KRW 44 million from May 1, 2017 to the delivery date of the said real estate, and to pay the unpaid amount of KRW 94 million.4 million.

C. The Defendant’s assertion (1) did not provide the Plaintiff with KRW 200,000,000,000,000,000,000,000,00.