1. The Defendant (Counterclaim Plaintiff) receives KRW 92,363,310 from the Plaintiff (Counterclaim Defendant) simultaneously.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On January 26, 2015, the Plaintiff and the Defendant concluded a lease agreement with regard to the building listed in the attached Table 1 (hereinafter “instant gas station”) that D leased from the Plaintiff and operated the gas station (hereinafter “instant gas station”), which is set forth as KRW 100,000,000, monthly rent of KRW 3,300,000, and the term of lease from January 26, 2015 to December 19, 2016 (hereinafter “instant contract”). The specific terms and conditions of the instant contract are as follows:

In addition, according to the instant contract, the Defendant paid KRW 100,000 to the Plaintiff around that time, and the Plaintiff delivered the instant gas station to the Defendant on February 5, 2015.

1. The defendant shall not change the facilities of the gas station and claim their rights.

4. Road occupation and use fees shall be one-third of the amount to be imposed by the defendant.

B. On January 2, 2015, the Defendant reported that he/she succeeded to the status of the operator of the petroleum retail business (gas station) listed in the attached Table 3 with regard to the gas station in the instant case to the Mayor of the competent Si/Gun/Gu, and received the registration of the petroleum retail business (gas station) from the public market on February 2, 2015. On February 23, 2015, the Defendant reported that he/she succeeded to the status of the installer of the hazardous materials manufacturing station, etc. listed in the attached Table 2 with regard to the gas station in the instant case from D, and received the certificate of completion of the construction completion of the hazardous materials manufacturing factory, etc. from the head of the competent Si/Gu/nam-do fire station on the following day.

C. On December 22, 2016, which is after the expiration of the lease term stipulated in the instant contract, the Defendant asserted that the instant contract was terminated as of December 19, 2016, and the Plaintiff sent a certificate of content to the Plaintiff, claiming the return of KRW 100,000,000 by December 30, 2016, and the Plaintiff received it on December 23, 2016.

In addition, from January 1, 2017, the defendant suspended the operation of the gas station of this case.

Grounds for Recognition: Facts that there is no dispute between the parties, Gap evidence 1 to 6;