1. According to the counterclaim that was filed at the trial of the first instance, the Plaintiff (Counterclaim Defendant) was paid to the Defendant (Counterclaim Plaintiff) KRW 13,052,309.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 10, 2009, the Plaintiff entered into a lease agreement with the Defendant’s father C as to the first floor of the building listed in the separate sheet (hereinafter “the instant building”) with the lease deposit of KRW 30,000,000, monthly rent of KRW 190,000, and the lease term of KRW 100,000 from March 10, 2009 to March 10, 2014. The lease agreement was concluded on the second floor of the instant building with the lease deposit of KRW 40,00,000, and the lease term of KRW 40,000,00 from March 10, 209 to March 10, 2014, and operated the “H store” on the first floor of the instant building.

B. From July 4, 2013, the Plaintiff entered into a lease agreement with C on the whole of the instant building 1 and 2 as KRW 70,000,000, monthly rent of KRW 2,500,000 with respect to the whole of the instant building, and the term “matters under special agreement” in the lease agreement (hereinafter “first lease agreement”) is deemed to be liable to the Plaintiff for any matter arising during the use of the instant building, and the deposit amount of KRW 30,00,000 is paid further on February 4, 2014.

A. The term of existence of the instant building was indicated as follows. (c) On June 23, 2015, the Defendant completed the registration of ownership transfer on the ground of donation with respect to the instant building. D. On July 4, 2015, the Plaintiff concluded a lease contract with the Defendant for the whole of the instant building 1 and the instant building at KRW 100,000,000, monthly rent of KRW 250,000, and the lease contract (hereinafter referred to as “second lease contract”) entered the date of preparation on July 4, 2013, the lease contract (hereinafter referred to as “second lease contract”) stated that the date of preparation is retroactive to July 4, 2013, and the “special agreement” column “the Plaintiff is responsible for all the instant building occurring during the use of this building,” and the “period of existence” changed to the blank column as follows.

E. On July 2016, the Plaintiff entered into a lease agreement with the Defendant, which sets forth KRW 50,00,000 as the lease deposit for the first floor of the instant building, and KRW 2,000,000 as the monthly rent (hereinafter “instant lease agreement”).