1. All of the appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed by the Defendant-Counterclaim Plaintiff at the trial is dismissed.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts constituting the following facts can be acknowledged, either in dispute between the parties or in full view of Gap's evidence Nos. 1, 2, and 4, Eul evidence Nos. 1 to 3 (including additional numbers), and the testimony of the witness C of the first instance trial, the whole purport of the pleadings.

On February 2, 2013, the Plaintiff entered into a lease agreement with C to set the deposit amount of KRW 50,000,000 with respect to the premises restaurant (hereinafter “instant restaurant”) located within the eup of soup, Masan-si D (hereinafter “instant soup”). The Plaintiff paid C the deposit amount of KRW 50,000,000 and operated the instant restaurant.

B. On July 16, 2013, the Defendant followed the Plaintiff, and followed the instant restaurant. On July 16, 2013, the Defendant concluded a lease agreement with C, setting the lease deposit amount of KRW 50,000,000 as to the instant restaurant, KRW 2,50,000 per month as the tea, and the lease term of KRW 2,50,000 from July 18, 2013 to December 17, 2015 (hereinafter “instant lease agreement”).

On the other hand, at the time of the preparation of the above contract, the plaintiff, the defendant and C agreed to return 50,000,000 won of the existing lease deposit to the plaintiff on behalf of the defendant in lieu of paying 50,000,000 won of the above lease deposit to C (hereinafter "the contract in this case"), and accordingly, the plaintiff made a letter of waiver that C waives the existing lease deposit amount of 50,000,000 won.

C. On July 17, 2013, the Defendant paid KRW 20,000,000 to the Plaintiff, and subsequently paid KRW 30,000 to the Plaintiff. From that point to December 2013, the Defendant paid KRW 300,000 per month from that point to December 2013.

On the other hand, at the time of the conclusion of the contract of this case, the debtor as C, the mortgagee as the Bama Credit Union, the Onnuri Credit Union, and the Onnuri Credit Union.