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

(a) A building with 139.385 square meters and above mentioned in the attached Table 1 list;

Facts of recognition

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall refund the deposit to the lessee, and if the rent or damages are incurred, the lessor shall refund the balance after deducting it.

Matters of special agreement

1. The 400,000 won out of the rent of 8.4 million won per year shall be the removal cost; and

2. On February 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the fourth and fifth floor of the building indicated in the attached Table 1, which is owned by the Plaintiff (hereinafter referred to as the “fourth floor of the instant building”); (b) the fifth floor of the instant building; and (c) the entire five floors (hereinafter collectively referred to as the “each of the instant buildings”); (d) the lease deposit amount of KRW 15 million; (c) the rent of KRW 700,000 per month (the fourth floor of the instant building; KRW 400,000; KRW 300,000), from January 25, 2013 to January 24, 2014; and (e) the lease agreement was concluded:

(hereinafter referred to as “the instant lease agreement”). On February 5, 2013, the Defendant, after paying the Plaintiff the lease deposit of KRW 5 million, drafted a letter stating that “The amount of KRW 18 million calculated by subtracting the cost of removal from the unpaid lease deposit of KRW 10 million and the rent of KRW 8.4 million for one year, shall be paid up to February 25, 2013, and if the Plaintiff fails to comply therewith, each of the instant buildings shall be restored without compensation and removed without objection.”

Since then, the defendant paid the remaining lease deposit of KRW 10 million to the plaintiff, and used each of the buildings of this case as an office, and did not pay the rent of KRW 1 million with the rent around March 31, 2016, except for the rent of KRW 1 million.

On October 31, 2014, the Plaintiff terminated the instant lease contract to the Defendant on the ground of the rent delay.

On the other hand, the defendant delivered the fourth floor of the building of this case to the plaintiff on January 25, 2014, while the defendant occupies and uses the fifth floor of the building of this case to the office until now, and is installed on the rooftop of the building listed in the attached Table 1.