1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On July 17, 2014, the Plaintiff entered into a contract with the Defendant for the lease of the Defendant, Gwangju Northern-gu, and Gwangju Northern-gu (hereinafter “instant apartment”) by setting the lease period from August 2, 2014 to August 1, 2015 as the lease deposit amount of KRW 1 million and KRW 3.6 million per annum of rent (hereinafter “instant lease contract”).

B. On August 2, 2014, the Plaintiff delivered the instant apartment to the Defendant, and the Defendant paid the rent of KRW 3.6 million and the lease deposit of KRW 1 million by August 6, 2014.

C. Around April 2015, the Defendant obtained the Plaintiff’s consent and had the mother E reside in the instant apartment, and around May 2015, E resided in the instant apartment.

Since then, the instant lease agreement was continuously renewed, and E continued residing in the instant apartment, and returned the instant apartment to the Plaintiff at will on February 5, 2018, and the instant lease agreement was terminated upon termination of the agreement.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 3 and 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion asserts that the Defendant should pay the unpaid rent from August 2, 2015 to February 5, 2018, the amount of KRW 6,972,467, and the delay damages after deducting the lease deposit from the unpaid rent and the unpaid management expenses.

B. As seen earlier, as the Defendant has leased the instant apartment at KRW 3.6 million per annum, the Defendant is obligated to pay the rent for the term of the lease. However, the Defendant paid a total of KRW 1 million on December 31, 2015, and KRW 2 million on March 17, 2016, among the rent for the term of the renewed lease from August 2, 2015 to February 5, 2018, the fact that the Defendant paid KRW 3.6 million for the rent and delay damages incurred during the said term is without dispute between the parties.