1. On a counterclaim, the judgment of the court of first instance against the Plaintiff (Counterclaim Defendant) that exceeds the amount ordered to be paid below.

1. The basic facts of the claim (1) around 2003: (a) the Defendant, among the first floor of the building listed in paragraph (1) of the attached Table No. 4,5, 13, 14, 10, 11, and 4, connected each point in sequence among the items indicated in the attached Table No. 1 of the attached Table No. 4, 5, 13, 14, 14, 10, 10, 11, and 4; and (b) the second floor of the building, such as the second floor of the building, - the indication of the attached drawing No. -, 4, 5, 6, 7, 1000 square meters in total, connected each point in the (B) section of the building, which is owned by the Defendant (hereinafter referred to as the “instant store”); and (c) the Plaintiff did not dispute the temporary building No. 98 square meters in total before and after the removal of the building from August 2016 to April 17.

At the time, the Defendant installed electric facilities, carpets, etc. in the instant temporary building without reporting the construction of the temporary building (the report on the construction of the temporary building) under the relevant laws and regulations, and used households for the purpose of displaying and selling them.

(2) The Plaintiff intended to take over and operate the above furniture from the Defendant.

Accordingly, on August 20, 2003, the Plaintiff entered into a contract with the Defendant to acquire all of the households and operating rights in the instant store amounting to KRW 160 million (hereinafter “instant contract for business transfer”). The Defendant entered into the instant contract for business transfer in the name of Nonparty C, the Defendant’s wife, and the said contract states that “the Plaintiff shall use various office fixtures and ancillary facilities (including the instant temporary building) necessary for its operation during the period of operating the store.”

The above KRW 100 million is the so-called “facility premium” which is the money that a lessee acquires by transfer the existing facilities, equipment, etc. and pays to a previous lessee or a lessor as a consideration in light of the contents of the above contract.