1. On January 24, 2020, the Plaintiff (Counterclaim Defendant) paid 42,240,322 won to the Defendant (Counterclaim Plaintiff) and 5,490,322 won among them.

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

1. Basic facts

A. The Plaintiff owned 17/100 shares in the building portion of this case, and was delegated with the authority to decide all matters concerning the management of the building portion of this case including the conclusion of the lease contract for the building portion from other co-owners.

B. On June 30, 2012, C leased the instant building portion of the building from the Plaintiff (including value-added tax), KRW 140,00,00 for lease deposit, KRW 8,250,00 for the tea month, KRW 400,00 for management expenses, and KRW 400,00 for the lease term from July 1, 2012 to June 30, 2016 (hereinafter “instant lease contract”) and operated “D” (hereinafter “instant restaurant”), a general restaurant from around that time.

C. On March 11, 2016, the Defendant acquired the goodwill of the instant restaurant from C in KRW 150,000,000 for the premium, and agreed on March 21, 2016 to change the lessee under the instant lease agreement with the Plaintiff, C, etc. to the Defendant.

On June 3, 2016, the Defendant renewed the instant lease agreement with the Plaintiff and the lease deposit of KRW 140,000,000, monthly rent of KRW 8,250,00 (including value-added tax), management expenses of KRW 440,00 per month (including value-added tax), and from July 1, 2016 to June 30, 2017.

E. On June 19, 2017, the Defendant renewed the instant lease agreement with the Plaintiff and the lease deposit of KRW 140,000,000, monthly rent of KRW 7,700,000 (including value-added tax), management expenses of KRW 440,00 (including value-added tax), and from July 1, 2017 to June 30, 2018.

F. The defendant is above D.

Since C around March 2016, the status of lessee of the building of this case and the business rights of the restaurant of this case have been transferred or taken over from March 2016, the restaurant of this case has been operated while possessing the building of this case.

G. The Plaintiff’s refusal to renew the instant lease agreement to the Defendant on April 10, 2018.