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 August 18, 2013, the Plaintiff entered into a lease agreement between the Defendant and the first floor D, which is part of the first floor of a building on land outside Jung-gu Seoul, Jung-gu, and four parcels (hereinafter “instant store”), which is owned by the Defendant, with respect to KRW 60 million, monthly rent of KRW 1.7 million (in addition to value-added tax and monthly rent payment date: KRW 18,000,000, monthly rent of KRW 1700,000 (hereinafter “instant lease agreement”). From August 18, 2013 to 12 months from the lease term (hereinafter “instant lease agreement”).

B. The Plaintiff paid the full amount of the lease deposit to the Defendant on the date of conclusion of the said contract, and occupied the instant store by the Defendant.

C. On June 15, 2015, when the instant lease contract was implicitly renewed, the Plaintiff notified the Defendant of June 15, 2015, that “the Plaintiff terminated the instant lease contract on August 18, 2015. The Plaintiff notified the Defendant of the termination of the contract to the effect that “the Plaintiff shall return the remainder of KRW 44,700,000,000, excluding the rent of KRW 15,300,000,000,000,000,000,000 not later than nine months in arrears, from the annual rent of KRW 60,000,000,000 to the Defendant.”

The Plaintiff delivered the instant real estate to the Defendant on August 18, 2015, which was the end date of the said contract.

The actual delivery date does not conflict between the parties (Defendant’s reply dated November 28, 2017) and the fact that the Defendant received the instant real estate from the Plaintiff on August 18, 2015 due to the termination of the lease agreement (Defendant’s reply as of November 28, 2017).

E. On August 7, 2015, the Plaintiff received the remainder of the amount obtained by deducting KRW 113,000,000 for management expenses until August 8, 2015, from the rent of KRW 1,6830,000 for overdue rent of KRW 1,6830,00 for KRW 1,6830 for monthly rent of KRW 1.7 million x 1.1 (including value-added tax) x 9 months, 10,000 for deposit name, and 113,00 for management expenses until August 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the cause of the claim.