The defendant-Counterclaim plaintiff's counterclaim is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 7,500,000 won and 7,500 won.

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

1. Basic facts

A. On March 31, 2018, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 155,000,000, and the lease term period from April 21, 2018 to April 20, 2020 (hereinafter “instant lease agreement”).

Article 7 of the instant lease agreement provides that “In the event of a failure to perform the contract, the other party may notify the person who has failed to perform the contract in writing and rescind the contract. The contractual party may claim damages from the other party following the rescission of the contract. Unless otherwise agreed, the down payment shall be deemed a penalty

B. As to the instant real estate No. 1, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed over the maximum debt amount of KRW C, 120,000,000,000. At the time of the instant lease agreement, the Defendant, upon receiving the remainder of the lease deposit from the Plaintiff, agreed to cancel the registration of creation of a mortgage (hereinafter “instant agreement”).

C. On February 19, 2019, the Defendant changed the maximum debt amount of the first collateral mortgage to KRW 27,600,000.

On April 22, 2019, the Plaintiff sent to the Defendant each proof of the content that “The Plaintiff would terminate the instant lease agreement because the registration of the establishment of the first place of the instant lease was not cancelled even if the remainder of the lease deposit was paid,” and that “the instant lease agreement will be terminated if not,” on May 14, 2019 and June 7, 2019.” The Seoul Eastern District Court, upon filing an application for provisional attachment as to the instant lease deposit and penalty amounting to KRW 170,000,000 as the preserved bond, with respect to the instant real estate owned by the Defendant, including the instant first place of real estate.