1. The Defendant (Counterclaim Plaintiff) paid KRW 21,475,00 to the Plaintiff (Counterclaim Defendant) and its related amount from May 18, 2016 to June 27, 2016.

1. Facts of premise;

A. On March 9, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the “Cirmoto” owned by the Plaintiff, and the Defendant completed the business registration under the name of the Defendant with respect to the pre-delivery of the cirmoto.

The actual contents of the lease deposit amount of KRW 300,00,000, monthly rent of KRW 11,550,000 (repaid on February 23, 2015) and Article 5 of the actual contract between February 23, 2015 and February 23, 2018: Where the lease contract is terminated, the lessee shall restore the real estate to its original state and return it to the lessor.

Article 5: The lessee does not require the lessor to bear the cost of facility investment, and shall be restored to its original state at the lessor's request.

Article 7:If the rental period is not guaranteed at the time of sale of real estate within the due date, the lessor shall pay the lessee 10% of the lease deposit with the expenses of directors after tax deduction.

B. On May 23, 2015 to April 22, 2016, the Defendant unpaid KRW 91,850,000 among the monthly rent from May 23, 2015 to April 22, 2016, and the Plaintiff entered into a contract with D for exchanging the Plaintiff’s Obligations (including the site) and D’s Real Estate (hereinafter “instant exchange contract”).

In the exchange contract, the Plaintiff and D entered into a special agreement with D to the effect that the Plaintiff’s obligation to return the lease deposit against the Defendant shall be acquired by D, but KRW 80,000,000 out of the Defendant’s unpaid monthly rent shall be reverted to D and deducted from the amount of the lease deposit to be acquired by D.

E. On May 18, 2016, the Plaintiff, according to the instant exchange agreement, filed a registration of ownership transfer with D on the ground of the said exchange agreement with D pertaining to the telecom.

[Ground of recognition] The facts without dispute, each entry of Gap 1-4 evidence (including more than one number), and the purport of the whole pleadings

2. Determination on the main claim

A. (i) If the lessee does not want to succeed to the status of the lessor in light of the legislative intent of the Commercial Building Lease Protection Act for the protection of the lessee, the lessee.