1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 30, 2014, the Plaintiff entered into a lease agreement with the Defendant on a deposit basis of KRW 10,000,000 for the first floor E (hereinafter “instant commercial building”) with respect to the lease term of two years, lease deposit of KRW 10,000,000, monthly rent of KRW 200,000 (hereinafter “instant lease agreement”), and paid the Defendant the lease deposit of KRW 10,000,000.

The instant lease agreement was implicitly renewed on April 30, 2016.

B. On March 13, 2018, around 08:15, the instant commercial building was relocated to the instant commercial building.

The Plaintiff removed and restored the damaged area due to the fire in the instant commercial building, performed the replacement work of the interior interior interior interior interior interior interior facilities, and paid KRW 1,500,000 to the neighboring shop (F) owner who suffered from the fire as compensation.

C. On April 29, 2018, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement through the Plaintiff’s husband, and around that time, the Plaintiff transferred the instant commercial building to the Defendant.

The monthly rent that the Plaintiff did not pay to the Defendant is KRW 2,400,000 in total.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5, 7, and 9, images, voice, and purport of the whole pleadings

2. Where the judgment on the cause of the claim is implicitly renewed, and the lessee has notified the lessor of the termination of the contract, the termination of the lease becomes effective three months after the lessor has been notified of such termination.

Therefore, on April 29, 2018, the instant lease agreement was terminated on July 29, 2018 after three months from the Plaintiff’s husband expressed his intention to terminate the said lease to the Defendant through his husband.

Therefore, barring any special circumstance, the Defendant’s claim and claim on January 16, 2019, the remainder of the lease deposit KRW 7,600,000 (=10,000,000 - 2,400,000), after deducting the Plaintiff’s unpaid rent, is made.