1. The Defendant (Counterclaim Plaintiff) paid KRW 200,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 6, 2016 to June 14, 2017.

The main lawsuit and counterclaim are also examined.

On May 18, 2015, the Plaintiff entered into a lease agreement with C (the husband of D representative director) who represented the Defendant on behalf of the Plaintiff for the purpose of using the Plaintiff’s motherel business with respect to the entire fourth floor of the building on the land of Jung-gu, Busan (hereinafter “instant building”), with a deposit deposit of KRW 600 million, monthly rent of KRW 15 million, and the lease term of five years.

By October 17, 2015, at the time of the lease agreement, the Defendant: (a) removed all existing facilities so that the instant building can be used for the Plaintiff’s mother business; and (b) decided to deliver the instant building after completing interior construction; and (c) did not deliver the instant building to the Plaintiff without completing the construction by the said deadline.

Therefore, the Plaintiff terminated the lease contract by serving a copy of the complaint on the ground of the Defendant’s nonperformance. From October 17, 2015 to June 17, 2015, which was the date of the delivery agreement, the date of the lease deposit that was already paid to the Defendant and the date of the instant lawsuit, the Plaintiff sought payment of KRW 40 million in total as KRW 250 million for eight months from the time of the instant lawsuit to June 17, 2015.

Around May 17, 2015, the Defendant entered into a lease agreement with the Plaintiff and the instant building with a deposit of KRW 600 million (Provided, That the Plaintiff directly removed the instant building and the interior works, and the construction cost was converted into a lease deposit), monthly rent of KRW 15 million (Provided, That the period from May 17, 2016 to August 17, 2016, which is the period for the Plaintiff’s construction, three months from May 17, 2016 to August 17, 2016), the management fee amount of KRW 200,000 per month, and the term of lease of KRW 5 years.

Although the Plaintiff is required to construct interior works on the instant building in accordance with the lease agreement, the construction was suspended on September 2015 due to the Plaintiff’s failure to pay the construction cost to the construction business operator.

The defendant terminated the lease contract by serving a copy of the counterclaim on the ground of the plaintiff's default.