1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, the Plaintiff (Counterclaim Defendant) received KRW 5,000,000 from the Plaintiff.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 2012, the Plaintiff leased the first floor of the building listed in attached Table 1 (hereinafter “instant building”) from C to operate the cell phone store, and leased on March 17, 2014, to the Defendant on March 17, 2014, a portion of 23 square meters inside the instant building (hereinafter “instant store”) connected in sequence 1, 2, 12, 10, 11, and 1, among the instant building, to the Defendant, without setting a period, at KRW 5,00,000 and monthly rent of KRW 30,000 (value added tax was raised as KRW 1,00,000 from June 2016 to KRW 1,00,000).

B. After that, the Plaintiff closed down a mobile phone store and opened and operated a convenience store, and the Defendant operates a car page with the trade name “D” at the instant store.

C. On the other hand, the Plaintiff, on the grounds of delinquency in the payment of more than three times of rent, expressed to the Defendant the intent to terminate the sub-lease contract concluded between the Plaintiff and the Defendant (hereinafter “sub-lease contract of this case”). On July 24, 2020, a duplicate of the application for modification of the purport of the above claim and the cause of the claim was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1 and the purport of whole pleadings

2. Judgment on the plaintiff's main claim

A. The gist of the Plaintiff’s assertion was that the instant sub-lease contract was duly terminated by the service of a copy of the Plaintiff’s claim and the written application for change of the cause of the claim on July 24, 2020, which included the Plaintiff’s expression of intent to terminate the instant sub-lease contract on the ground of the Defendant’s delinquency in payment of more than three rents.

Therefore, the former lessee is obligated to deliver the instant store to the sub-leased Plaintiff as a result of the termination of the instant sub-lease contract, and to pay the amount of unjust enrichment equivalent to the rent of KRW 1,00,000 per month from the day following the date of the instant judgment to the day of the completion of delivery of the instant store.