1. The Defendant (Counterclaim Plaintiff) received KRW 44,00,000 from the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On October 10, 2011, the Plaintiff leased the part of “A” (hereinafter “instant restaurant”) of general restaurant 49.59 square meters (hereinafter “instant restaurant”) to the Defendant, in sequence with the items indicated in the attached Form No. 1, 2, 3, 4, 9, 10, 11, 12, and 1, among the buildings listed in the attached Form List, at KRW 2,000,000 per annum for lease period from October 10, 201 to KRW 2,00,000,000 per annum for rent (hereinafter “the first lease contract”), and the Defendant paid the Plaintiff the above lease deposit amount of KRW 20,000 to the Plaintiff.

On October 10, 201, the Plaintiff, among the buildings listed in the separate sheet, leased KRW 4,5,6,7,8,8,9, and 66.11 square meters at the retail store in the part “B” (hereinafter “instant retail store”) among the buildings listed in the separate sheet, to the Defendant, with the period of lease of KRW 2 years from October 10, 201, the lease deposit amount of KRW 24 million per annum, and KRW 12 million per annum (hereinafter “instant lease contract”) and the Defendant paid the Plaintiff the lease deposit of KRW 24 million, including the instant restaurant and the instant retail store.

After the conclusion of each of the lease contracts of this case, the Defendant operates a mutual general restaurant with the trade name “D” and a commemorative store with “E” at the retail store of this case.

On July 7, 2016, when each of the instant lease agreements was implicitly renewed, the Plaintiff sent to the Defendant a certified mail containing the content that “the Plaintiff shall not renew each of the instant lease agreements” and that “on October 10, 2016, when the lease term expires, deliver the instant commercial building to the Plaintiff,” and thereafter the said mail reached the Defendant.

Accordingly, in order to receive the premium, the defendant intends to arrange for a new lessee on the commercial building of this case, and then is a new lessee.