1. The Defendant (Counterclaim Plaintiff) paid KRW 37,100,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from October 1, 2019 to December 11, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the Ulsan-gun C Ground Factory in Ulsan-gun (hereinafter “instant factory”).

On January 5, 2018, the Plaintiff entered into a lease contract between the Defendant and the period from January 5, 2018, setting a deposit of KRW 10 million, monthly rent of KRW 3 million, and the period from January 5, 2018 to January 4, 2021.

In addition, on June 15, 2018, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease period of KRW 15 million, monthly rent of KRW 5 million (the Plaintiff and the Defendant agreed to pay the value-added tax separately. From April 2019 to June 30, 202), between July 1, 2018 and June 30, 2021.

B. On September 2019, the Defendant moved to the factory of this case and delivered the leased object of this case to the Plaintiff around that time.

C. From October 2018 to the time when the director was transferred to the instant factory, the Defendant paid to the Plaintiff KRW 2,90,000 to December 10, 2018, KRW 1500,000,000 on January 21, 2019, KRW 10,000 on April 2, 2019, KRW 500,000 on April 24, 2019, and KRW 2,90,000,000 on April 30, 2019.

[Grounds for recognition] Each entry of Gap 1 to 4, and 10 evidence (including paper numbers), and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant asserted that the Plaintiff did not pay KRW 37,100,000 as the monthly rent from October 2018 to September 2019. As such, the Defendant sought an objection.

B. On October 2018, the Defendant asserted that the leased object of this case was delivered to D under the agreement with the Plaintiff on October 2018, and around that time, the instant lease agreement was concluded.

D, upon delegation of the Plaintiff, sublet the leased object of this case to E, a corporation around November 2018, and the corporation E used the leased object of this case until March 2019.