1. The Defendant (Counterclaim Plaintiff) paid KRW 7,306,090 to the Plaintiff (Counterclaim Defendant) and its related amount from December 22, 2015 to November 15, 2017.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On May 21, 2002, the Defendant, which acquired the instant business license, obtained a general restaurant business license (hereinafter “instant business license”) with the name of “E” with respect to 60 square meters among 192.44 square meters of underground floor of the building D located in Jung-gu, Busan, which is the Defendant’s possession.

B. 1) On November 25, 2002, the Defendant entered into a lease contract and took over a business license. On November 25, 2002, between the Plaintiff and the Plaintiff, the underground floor of the F building located in Busan Jung-gu and the underground floor of the D building located in Busan Jung-gu (

(1) The term of a lease contract under the terms and conditions that a lease deposit shall be KRW 30,00,000, monthly rent of KRW 2,000,00 (excluding value-added tax) and the term of a lease shall be from November 25, 2002 to November 24, 2004 (hereinafter referred to as “No. 1 lease contract”).

A) Around that time, the Plaintiff paid KRW 30,00,000 to the Defendant for lease deposit. At the time of the conclusion of the first lease contract, there was a passage for drilling certain walls between F and D’s building illegally, and accordingly, two buildings constituting the instant store were connected. (2) In concluding the first lease contract, the Plaintiff acquired the instant business license from the Defendant on December 9, 2002, and operated the instant store as “G’s trade name” (hereinafter “instant main store”).

3) From the time when the first lease contract was implicitly renewed, the Defendant is between the Plaintiff and the Defendant. ① The monthly rent of 2,200,000 won (excluding value-added tax) is increased as of July 12, 2010, and the lease term is set from July 12, 2010 to July 12, 2012 (hereinafter “second lease contract”).

(2) A contract that increases the monthly rent of KRW 2,400,00 (excluding value-added tax) as of July 30, 2012 and leases the lease period from July 30, 2012 to July 30, 2014 (hereinafter “third lease contract”).

A deposit for lease shall be KRW 40,000,000 on August 1, 2014.