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1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, shall be modified as follows:
Reasons
1. Determination on the cause of the claim
(a) The following facts of recognition are not disputed between the parties, or may be acknowledged by comprehensively considering the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, and Eul evidence No. 1:
1) On June 13, 2014, the Plaintiff’s real estate indicated in the attached Table 1 List (hereinafter “instant store”) to the Defendant.
) The lease deposit was leased KRW 10 million, monthly rent of KRW 5.5 million (including additional tax, payment in advance on June 30, 2014) and the lease term was fixed from June 30, 2014 to June 30, 2016 (hereinafter “instant lease agreement”).
(2) Article 4 of the terms and conditions of the instant lease agreement provides that “The acquisition and transfer of a business right shall be made at the intervals of the lessor on or before June 30, 2014, which is the outstanding payment date.” 2) The Defendant paid KRW 100 million to the Plaintiff at that time, and received the instant store from the Plaintiff, and filed a business report (hereinafter “the instant business report”) as shown in the attached Table 2, on July 14, 2014, and registered the business with the trade name “C” on July 19, 2014, and commenced business from July 29, 2014.
3) On April 7, 2015, the Plaintiff notified the Defendant that “on April 30, 2015, the instant lease contract was terminated, and thus, the Plaintiff sent the instant store to the Defendant and paid the unpaid rent (on April 30, 2015, KRW 55 million)” until April 30, 2015, which reached the Defendant around that time. (4) The Defendant continued to conduct business until May 2017, and delivered the instant store to the Plaintiff on May 12, 2017.
B. According to the above facts, around April 7, 2015, the instant lease agreement was lawfully terminated by the Defendant’s failure to pay more than two rents, and the Plaintiff’s declaration of termination. (2) The Defendant occupied the instant store from June 30, 2014 to May 12, 2017, after the termination of the said lease agreement, and used and profit-making therefrom are as seen earlier.