1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant)’s counterclaim.

1. Basic facts

A. On April 13, 2016, the Plaintiff concluded a lease agreement with the Defendant to lease the second and third floors (hereinafter “instant commercial buildings”) from among the six floors, other than amusement facilities for the concrete roof of reinforced concrete structure C in Ulsan-gu, Ulsan-gu, and the second and third floors (hereinafter “instant commercial buildings”), KRW 50 million in lease deposit, monthly rent of KRW 5 million (in addition, 20,000 in advance on April 20, 2016) and the period from April 20, 2016 to April 19, 2018 (hereinafter “the instant lease”). At that time, the Plaintiff paid the lease deposit and received the instant commercial buildings, and operated an entertainment tavern in the name of Nonparty D, and the third and third floors in the name of Nonparty E.

B. After that, on May 30, 2018, the Plaintiff and the Defendant agreed to terminate the lease of this case on June 19, 2018, and agreed to the same terms as the written agreement for termination of the lease contract in the attached Form.

(hereinafter “instant agreement”). C.

On May 30, 2018, the Defendant renounced the benefit of time stipulated in the instant agreement, and paid the Plaintiff KRW 55 million in total for lease deposit and premium, and thereafter, the Plaintiff transferred the instant commercial building to the Defendant on June 19, 2018, which is the deadline stipulated in the instant agreement.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1, Eul evidence 4 and 5, and the purport of the whole pleadings.

2. Determination on the main claim

A. On the following grounds, the Plaintiff’s Defendant is obligated to pay the penalty stipulated in paragraph (8) of the instant agreement to the Plaintiff on June 19, 2018. (A) First, the Defendant received the instant shopping district from the Plaintiff on June 19, 2018, and accordingly, the Defendant immediately paid KRW 13,266,250 to the Plaintiff according to paragraph (6) of the instant agreement, and paid KRW 11,127,260,000,000,000,000 won, excluding the unpaid electricity charge of KRW 2,138,990, as of June 21, 2018, and KRW 5 million to the directors.

Since unpaid electricity charges can be paid by the Defendant after deducting from KRW 13,266,250 under paragraph (6) of the instant agreement, the Defendant’s delay in paying the above amount.