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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Text 1-b of the judgment of the first instance; and
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance except for the following cases. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to the third last sentence of the judgment of the first instance:
In calculating the unpaid rent from January 1, 2016 to June 30, 2016, the Defendant asserts that applying KRW 22,345,538, monthly rent under the instant lease agreement, not KRW 19,213,333, which is the amount equivalent to the rent appraised by the appraiser B as a result of appraisal by the appraiser B, is unreasonable. However, as long as the Plaintiff’s claim is claimed for the unpaid rent under the instant lease agreement until June 30, 2016, it is reasonable to apply the rent under the instant lease agreement, not the result of appraiser B’s appraisal during that period.”
(b) 7 to 5 pages below the fourth decision of the first instance shall be taken in the following manner:
3) The Defendant asserts that on March 6, 2018, after the judgment of the first instance, the Plaintiff repaid KRW 161,514,902 to the Plaintiff.
The Plaintiff received reimbursement of KRW 161,514,902 on March 6, 2018 by exercising a pledge right on deposits created by the Defendant; damages for delay (an amount calculated by applying the rate of 15% per annum from January 18, 2018 to March 6, 2018) and late payment charges (an amount for delay calculated by applying the rate of 15% per annum from January 18, 2018 to March 6, 2018) (an amount for delay calculated from January 18, 2016 to June 16, 2016 to unpaid rent) calculated annually 12% per annum from February 16, 2016 to January 17, 2018; and there is no dispute over the remaining principal or unjust enrichment between the parties; and
4) Therefore, the defendant shall promote the lawsuit from March 7, 2018 to the date of full payment, with regard to KRW 409,506,043 as well as the above KRW 161,514,902 as of the repayment day.