1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 38 million with full payment from February 15, 2018.

1. Facts of recognition;

A. On December 29, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10,000,000 won, monthly rent of KRW 1.3 million, and the period from January 11, 2016 to January 10, 2018 (hereinafter “instant lease agreement”), and operated a restaurant at the instant store.

B. On October 13, 2017, prior to the expiration of the instant lease agreement, the Plaintiff entered into a premium agreement with C, stating that the Plaintiff transferred the right to lease and goodwill of the instant store to C, and received KRW 38 million as premium (hereinafter “instant premium agreement”), and arranged C to the Defendant as a new lessee on October 26 of the same year.

C. The Defendant and his mother stated to the effect that: (a) the amount of the premium agreed upon between C and his spouse E is too large; (b) only KRW 20 million is paid as the premium; or (c) the premium is given up when the lease period expires later; and (d) the premium is received only as the deposit.

Accordingly, it is difficult for the husband and wife to accept such demands from the defendant and D, and the husband and wife renounced the lease contract for the store of this case.

Upon the termination of the instant lease agreement on January 10, 2018, the Plaintiff has the same year.

2. 1. The following year, after full payment of the rent up to that time to the Defendant and the collection of goods located in the above store (Provided, That some collection equipment and fixtures necessary for the business have been left as they are), the following year:

2.2. The Defendant opened the key to the entrance of the said store.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, including various types of numbers, Eul's 3, the purport of the whole pleadings and arguments

2. The parties' assertion

A. As the Plaintiff delivered the instant store to the Defendant upon the termination of the instant lease agreement, the gist of the Plaintiff’s assertion 1, the Defendant issued the said lease deposit to the Plaintiff.