1.The judgment of the first instance shall be modified as follows:

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3...

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. On May 1, 2012, the Plaintiff: (a) from the Defendant on May 1, 2012, with respect to D stores located in Jung-gu Incheon Metropolitan City (hereinafter “instant store”); (b) KRW 10,000,000 for lease deposit; (c) KRW 1,900,000 for the rent month (payment on January 1); and (d) two years for the lease term (However, the lease deposit is indicated as KRW 5,00,000 for the lease deposit; (c) KRW 1,00,000 for the rent month; hereinafter “instant lease agreement”); and (d) operated E at the instant store.

Since July 2013, the Plaintiff and the Defendant agreed to increase the monthly rent of KRW 2,100,000, and the Plaintiff left the instant store on July 30, 2013 and delivered it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) agreed with the Defendant to terminate the instant lease agreement on July 30, 2013, and received the return of the lease deposit from the Defendant and delivered it to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the remainder of the lease deposit (10,000,000 won - KRW 2,80,000,000 for the unpaid active rental deposit - KRW 2,100,000 on July 30, 2013).

(2) The Defendant’s assertion that the Plaintiff unilaterally removed from the instant store on or around July 30, 2013, and the instant lease agreement was terminated on April 30, 2014, which is the expiration date of the lease agreement, and the sum of KRW 19,800,000 for the overdue rent of nine months until April 30, 2014, and the unpaid active amount of KRW 21,70,000 for the lease deposit exceeds KRW 10,000,00,000 for the remainder of nine months until April 30, 2014. As such, the Defendant is not obligated to pay the lease deposit to the Plaintiff, and instead, the Defendant is not obligated to pay the difference of KRW 11,70,000 for the counterclaim.

B. Whether the instant lease contract is terminated (1) is rescinded by agreement or is terminated by agreement.