1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 23, 2016 to May 30, 2017.

Facts of recognition

On March 9, 2015, the Plaintiff and the Defendant concluded a lease contract for the lease deposit of KRW 30 million, monthly rent of KRW 200,000,000 from March 2015 to March 20, 2017 with respect to the first floor (hereinafter “instant store”).

On March 24, 2015, the Plaintiff paid 30,000 won to the Defendant, and around that time, acquired the instant store.

On May 1, 2016, the Plaintiff received KRW 40 million from the Defendant and agreed with the Defendant to move at the above store (hereinafter “instant contract amount”), and the Defendant paid KRW 10 million to the Plaintiff on May 11, 2016.

On June 23, 2016, the Plaintiff was a director at the instant store. On November 22, 2016, the Plaintiff delivered the key to the said store to the Defendant.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings.

The Defendant agreed to pay KRW 40 million to the Plaintiff, taking into account the defect in the instant store leased by the Plaintiff and the business loss suffered by the Plaintiff, the interior cost incurred by the Plaintiff, the deposit that the Plaintiff shall receive, and other factors.

Therefore, the defendant should pay 30 million won to the plaintiff after deducting 10 million won already paid to the plaintiff.

After acquiring the instant store, the Plaintiff did not pay only three times the rent. Accordingly, on May 11, 2016, the Defendant paid KRW 10 million to the Plaintiff the remainder after deducting the overdue rent from the deposit.

In addition, 30 million won, which the Defendant agreed to pay the Plaintiff additionally, was the acquisition price of the said house used by the Plaintiff at the instant store, but the Plaintiff left the said house with all of its directors on June 23, 2016. Therefore, the Defendant is not obligated to pay the said KRW 30 million.