1. The Defendant (Counterclaim Plaintiff) received KRW 130 million from the Plaintiff (Counterclaim Defendant) at the same time.

1. Basic facts

A. On October 28, 2011, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”), the lessee, entered into a lease agreement with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the real estate listed in the separate sheet (hereinafter “instant store”) as to the real estate (hereinafter “instant store”) as indicated in the separate sheet, with a deposit of KRW 130 million, management fee of KRW 600,000,000,000, and the term of lease from January 1, 2012 to December 31, 2016 (hereinafter “instant lease agreement”). From that time, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”), who was the lessee, entered into the instant store and operated the instant coffee shop with “C”.

B. On June 1, 2016, the Plaintiff sent to the Defendant, on December 31, 2016, a content-certified mail containing the purport that the contract was terminated on December 31, 2016, which was the expiration date of the instant lease term, and that there was no intent to extend the lease thereafter.

C. After receiving the above content-certified mail, the Defendant again requested the Plaintiff to extend the lease contract. However, the Plaintiff clearly stated that the extension of the contract is not possible to be used as a private teaching institute business facility operated by the Plaintiff. On August 18, 2016, the contract term expires, the Defendant filed the instant lawsuit seeking to deliver the instant store with the instant court.

On the other hand, between D and D on October 1, 2016, the Defendant entered into a business license transfer agreement stipulating the premium of KRW 150 million for the facilities and business of the instant store, and received the down payment of KRW 10 million on the same day.

E. On October 4, 2016, the Defendant requested the Plaintiff to enter into a lease agreement with the underwriter, but the Plaintiff refused to reach a mutual agreement with the Defendant and D by disclosing that the Plaintiff did not hold office, and upon the Plaintiff’s refusal to enter into a contract, it stated that D would cancel the sales right transfer agreement to the Defendant on December 20, 2016.

F. Meanwhile, the value of the premium assessed at the time of termination of the lease on the Defendant’s business facilities is KRW 36,716,00.