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

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 27, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the attached list owned by the Plaintiff (hereinafter “instant building”).

Lease deposit 35 million won monthly rent of 3.3 million won (including value-added tax): From September 15, 2015 to September 15, 2017

B. After entering into the instant lease agreement, the Defendant operated a C store in the instant building (hereinafter “instant store”), and agreed to transfer the instant store to a new lessee during the term of lease. On May 30, 2016, the Defendant agreed with the Plaintiff to terminate the term of the instant lease agreement on June 15, 2016, and prepared the following “title change agreement”.

The defendant shall pay 23 million won to the plaintiff on the condition that the plaintiff maintains the reinstatement price and the rent.

The plaintiff shall maintain the monthly rent as at present and enter into a contract with a new lessee.

The plaintiff shall perform the contract in its original condition, and shall not interfere with the acquisition by transfer with the defendant and the new lessee.

When a new lessee cancels a contract, the plaintiff shall return 23 million won to the defendant.

C. On May 30, 2016, the Plaintiff transferred the monthly rent of KRW 23 million, including restitution, to the Defendant from KRW 35 million, and KRW 10.5 million (= KRW 35 million-23 million-1.5 million) from the monthly rent of KRW 1.5 million until June 15, 2016.

On the other hand, on May 13, 2016, the Defendant entered into a contract on the transfer of the instant store to D in KRW 100 million.

E. However, the Plaintiff did not enter into a lease agreement with a new lessee D on the ground that the Plaintiff could not recognize the premium at the time of the maintenance of monthly rent and the termination of the lease for one year.

F. The Plaintiff and new lessee as above.