1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. January 30, 2016

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 25, 2008, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “the instant building”) with a deposit of KRW 50 million, monthly rent of KRW 1.7 million, and the lease term from November 28, 2008 to December 10, 2010 (hereinafter “the first lease agreement”). The Defendant, due to the circumstances of the former lessee C, was delivered the instant building and repaired on December 23, 2008, after completing a business report to the competent office that succeeded to the above C’s business on January 20, 209, operated a restaurant with a trade name “D” until now.

B. In order to renew a lease agreement, the Plaintiff and the Defendant entered into a commercial building lease agreement with the same deposit and monthly rent on June 21, 201; however, the term of lease was changed from December 22, 2010 to December 10, 2012; ii) on March 7, 2013, the monthly rent was increased to KRW 1.8 million (excluding value-added tax) and entered into a lease agreement with the term of lease from December 22, 2012 to December 22, 2014 (hereinafter “instant lease agreement”).

C. As the Defendant delayed the payment of monthly rent from December 2013, the Plaintiff demanded the payment of late rent within 60 days by content-certified mail, and notified that the instant lease contract is terminated if it is not performed. However, the Defendant did not pay the monthly rent up to the present day.

[Reasons for Recognition] Facts without dispute between the parties, Gap 1, 4, 7 evidence, Eul 3, 4 evidence, the purport of the whole pleadings

2. Determination:

A. The gist of the parties’ assertion was that the Plaintiff terminated the instant lease agreement on the grounds that the Defendant did not fulfill the Defendant’s obligation to pay the monthly rent, and the Defendant delivers the instant building to the Plaintiff, and pays the Plaintiff the overdue rent of KRW 33,660,000 from December 2, 2013 to April 30, 2015, and the rent of KRW 1,980,000 per month from May 1, 2015 to the delivery date of the said building.