1. Suwon District Court Decision 2013No. 2617 rendered against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On October 14, 2010, the Plaintiff entered into a lease agreement with the Defendant and entered into a lease agreement between the Plaintiff and the Defendant on part of the 1st floor store among the 3rd floor building located in Sinung-si, the Plaintiff owned by the Defendant (hereinafter “instant building”) and on the 337 square meters on the 337th floor registry of Sinung-si (hereinafter “instant land”): The lease agreement between the Plaintiff and the 1st floor store, part of the 1st floor store, and the 2.07 square meters on the 3th floor located in Sinung-si, Sinung-si, with respect to the 72.07 square meters on the 1st floor, including the instant land and the instant building, with respect to the lease deposit amounting to KRW 100,000,000 (2.5 million on October 14, 2010) and the lease agreement between October 14, 2010 to October 15 (hereinafter “the instant lease agreement”).

(2) The Plaintiff paid the Defendant a deposit of KRW 100 million under the instant lease agreement, and received the delivery of the leased object of this case on October 14, 2010.

(3) On November 2, 2010, the Plaintiff reported a general restaurant business on the part of the first floor of the instant building in the Plaintiff’s name, namely, “F,” and the Plaintiff was performing the Human Park Construction Work on the leased object of the instant case, the Plaintiff, who was operating a restaurant selling the second floor and the third floor of the instant building on leased the second floor and the third floor of the instant building, had a dispute between H, a lessee, who was operating a restaurant selling the ice and the third floor of the instant building, and did not start the business and requested the Defendant to terminate the instant lease agreement without commencing the business, and thereafter did not engage in the business thereafter. The Defendant demanded the payment of the rent without recognizing the termination of the lease agreement.

B. (1) As a result of the previous lawsuit, the conflict between the plaintiff and the defendant has occurred due to the above circumstances, the plaintiff filed a lawsuit against the defendant for the cancellation or cancellation of the instant lease agreement or for damages caused by tort on two occasions.