1. The Defendant (Counterclaim Plaintiff) paid KRW 49.6 million to the Plaintiff (Counterclaim Defendant) and against this, from November 21, 2015 to November 26, 2015.

1. Basic facts

A. On October 2008, Nonparty C leased the real estate listed in the Attachment 1 (hereinafter “instant real estate”) that had not been installed by the Defendant (hereinafter “instant real estate”), KRW 70 million, monthly rent of KRW 3.4 million, lease term, three years, and at the time of termination of the lease (hereinafter “instant first lease agreement”), with the effect that the instant real estate is restored to its original state at the time of termination of the lease, and operated a coffee specialty by installing a facility capable of operating a coffee specialty in the instant real estate, and around October 201, Nonparty C and the said lease term extended to three years.

B. On October 15, 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate (hereinafter “instant second lease agreement”) with respect to the said real estate, and paid KRW 70 million to Nonparty C, including KRW 70 million on the day by subrogation of the Defendant, and KRW 63 million on November 13, 2012, in lieu of the Defendant, the Plaintiff paid KRW 29 million to the said C as facility costs around that time.

Where the lease contract term under Article 5 of the 36-month from November 13, 2012 to November 12, 2015 expires, the plaintiff shall restore the above real estate to its original state and deliver it to the defendant, and the defendant shall return the deposit to the plaintiff.

In such cases, if overdue rents or damages are paid, they shall be removed and the balance shall be refunded.

C. After entering into the second lease contract of this case, the Plaintiff operated a coffee specialty by additionally installing a signboard and a mail new plate on the instant real estate. On July 16, 2015, August 18, 2015, and October 6, 2015, the Plaintiff had no intent to extend the second lease contract of this case where the term of lease expires on three occasions on July 16, 2015, August 18, 2015, and October 6, 2015, and sent a certificate of content that the Plaintiff returned the lease deposit and requested the return thereof to the Defendant on November 17, 2015