1. The Defendant (Counterclaim Plaintiff) received KRW 7,941,667 from the Plaintiff (Counterclaim Defendant) as well as the Plaintiff’s counterclaim.

1. Basic facts

A. On August 21, 2015, the Plaintiff leased the instant real estate to the Defendant by setting the deposit amount of KRW 10,000,000, monthly rent of KRW 650,000 (payment on October 5, 2015) and from October 5, 2015 to October 4, 2017. On October 5, 2017, the lease term of the said lease was renewed from October 5, 2017 to October 4, 2018.

The Defendant paid KRW 10,00,000 to the Plaintiff, and operated restaurant business from October 5, 2015 to the instant real estate.

B. On February 28, 2018, the Defendant paid the Plaintiff the rent for February 2018, but did not pay the rent thereafter.

On June 4, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the rent for at least two consecutive years.

The defendant possessed the real estate of this case until the date of closing the argument of this case.

C. On the other hand, C leased stores located in the same building as the instant real estate from the Plaintiff and operated D convenience points.

On April 16, 2018, the Defendant: (a) paid KRW 5,000,000 to the Defendant as premium in return for the convenience store business in the instant real estate by expanding C’s store between C and C on April 16, 2018; and (b) entered into a contract on the transfer of facility and business rights with the content of returning premium when the convenience store expansion work is revoked for

Accordingly, the Defendant received KRW 5,000,000 from the wife E on April 16, 2018, but returned KRW 5,000,00 to E on May 15, 2018.

On April 11, 2018, the Defendant concluded a lease agreement with F to lease a store located in G in Gwangjin-gu Seoul Special Metropolitan City in KRW 10,000,000, and paid the down payment of KRW 1,000,000 on the same day.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4 (including provisional number), the purport of the whole pleadings

2. According to the above facts, determination on the claim of the principal lawsuit 1, the part on the claim of this case is examined.