A. On September 21, 2016, the Plaintiff concluded a sublease contract with the Defendant regarding the instant building (hereinafter “instant sublease contract”) with the following details while performing the automobile transaction business by leasing the building as indicated in the attached Form (hereinafter “instant building”).

The term of contract: The deposit for sub-lease from September 28, 2016 to September 28, 2018: From September 28, 2018: 20 million won (user fee for facilities): the period of separate cancellation of value-added tax, and the period of separate termination of value-added tax shall be until September 28, 2018.

() Monthly rent: 1.7 million won (excluding value-added tax): If the Defendant delays the monthly rent for at least two months, the Plaintiff may immediately terminate the contract after written notification. (b) The Defendant pays the deposit and facility fee for sub-lease to the Plaintiff, and takes over the instant building from the Plaintiff and takes over the instant building. (c) The Defendant delayed the payment of the rent for at least three months, and the Plaintiff notified the termination of the instant sub-lease contract in writing three times including February 28, 2017. (d) As of November 28, 2017, the Defendant’s overdue rent and its delay damages are KRW 7,852,04. [In the absence of dispute over the grounds for recognition, the Defendant’s respective entries in subparagraphs A2 and 3, and the purport of the entire pleadings.

2. Determination

A. According to the above facts, since the sub-lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff in return for receiving and repaying the remainder after deducting the rent and facility cost from the remainder after calculating the return from the plaintiff at a daily rate, and deducting the overdue charge from the remaining money, and then deducting the rent and facility cost from the date of delivery of the building of this case.

B. The basis for calculation (based on November 28, 2017) 1) The facility cost to be returned by the Defendant from the Plaintiff: KRW 4,574,555, and KRW 11 million paid by the Defendant to the Plaintiff: the period of use compared to the expiration period.