A. Defendant B received KRW 9,966,667 from the Plaintiff and simultaneously received KRW 9,967 from the Plaintiff, the first floor of the attached building.

A. On May 4, 2013, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff to lease the entire first floor of the attached building owned by the Plaintiff (hereinafter “instant store”) from May 24, 2013 to May 23, 2015, for a period of 24 months from May 24, 2013 to May 23, 2015, the lease deposit amount of KRW 50 million, monthly rent of KRW 2750,000 (including value-added tax, and subsequent payment).

B. According to the instant lease agreement, Defendant B paid KRW 50 million to the Plaintiff, including the down payment, and operated a general restaurant in the name of D on May 24, 2013 with the delivery of the instant store.

C. On November 27, 2013, Defendant B transferred the right of lease to Defendant C and delivered the instant store. However, Defendant C did not obtain consent from the Plaintiff regarding the transfer of the said right of lease. Although Defendant C began the restaurant business upon delivery of the instant store, Defendant C was unable to actually conduct business from June 2014 on the grounds of business depression, etc.

According to the instant lease agreement, if the monthly rent is overdue for at least three months, the Plaintiff may terminate the lease agreement. Defendant B did not pay the rent to the present day after the conclusion of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts as to the termination of the instant lease agreement, Defendant B had been in arrears for more than three months at the time of filing the instant lawsuit, and the purport that the instant lease agreement is terminated (Article 20(1) does not stipulate that the term “cancellation” shall be terminated, but it is interpreted that Defendant B’s intention to terminate the lease agreement includes the intention to cancel the lease agreement.