1. The Defendant (Counterclaim Plaintiff) receives KRW 3,000,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On January 2015, the Plaintiff: (a) drafted a real estate lease agreement with the Defendant and Nonparty C on a deposit of KRW 3 million, monthly rent of KRW 1.4 million, and the lease term of KRW 2,00,000 (hereinafter “instant contract”); and (b) delivered the instant store to the Defendant and C after receiving KRW 3 million in the name of the deposit money from the Defendant, the fact that the instant store was delivered to the Defendant and C does not conflict between the parties.

2. Determination:

A. The gist of the party’s assertion argues that, although the Plaintiff entered into the said lease agreement with the Defendant and C, the Plaintiff was responsible for entrusting the restaurant “D” in the form of monthly rent to the Defendant and C, and for receiving operating profit therefrom. However, on March 22, 2015, the Defendant notified the Defendant that he would no longer operate the said restaurant, and that the said business was terminated, the Defendant is responsible for delivering the instant store to the Plaintiff and paying the amount equivalent to KRW 1.4 million in the form of monthly rent from March 22, 2015 to the completion date of delivery of the instant store.

The Defendant asserts that, after the conclusion of the instant contract, the Plaintiff purchased a house and prepared to operate the business, but the Plaintiff was unable to cancel business registration in relation to the instant store, and the said lease contract was terminated due to the Plaintiff’s failure to use the house or make profits pursuant to the lease contract, such as making it impossible to register the business registration under the Defendant’s name. As such, the Plaintiff claimed that the Plaintiff should return the lease deposit to the Defendant KRW 3 million, and that the Plaintiff should pay the Defendant the purchase price of the house at KRW 10,977,200 as compensation for damages, and the Defendant’s daily amount of KRW 16,97,200 as well

B. Prior to determining whether the Defendant is liable for the delivery of the instant store and the return of unjust enrichment, the grounds and grounds for the instant contract.