1. The Plaintiff (Counterclaim Defendant) paid KRW 5,800,000 to the Defendant (Counterclaim Plaintiff) and its related amount from November 29, 2018 to November 9, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 9,00,000,000, monthly rent of KRW 400,000 (after payment, KRW 28,000, monthly rent of April 28, 2015, and between April 28, 2015 and April 28, 2017, on the following terms: “The matters to be modified and repaired within the main store shall be the restoration condition, but shall be restored in principle at the expiration of the lease.”

B. The Defendant leased the instant store and operated a restaurant with the trade name “D”, and paid to the Plaintiff by March 28, 2018.

C. On August 21, 2018, the Defendant sent to the Plaintiff a certificate stating that “The instant lease agreement is terminated, and the lease deposit is returned after deducting the rent during the three-month reservation period from the notification.”

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9, entry of Eul 1 through 6 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. (1) Although the Plaintiff’s instant lease contract was terminated, the Defendant did not perform its duty to restore to the Plaintiff by November 28, 2018, and even if the Plaintiff was restored to the original state, it shall be paid monthly for three months after the restoration to the original state. Although the former lessee was obligated to restore to the original state the facilities, the Plaintiff’s restoration to the original state was made only for the facilities that the former lessee had been obliged to restore to the original state.

Therefore, the Defendant shall pay the Plaintiff KRW 5,078,980,00,00 in arrears (one-one month from March 28, 2018 to February 28, 2019) and the total of KRW 9,678,980, which shall be deducted from KRW 14,078,980, which shall be KRW 9,000,000, which shall be deducted from KRW 14,078,980.

(2) Defendant on November 28, 2018.