1. The judgment of the first instance, including the claims added and reduced in this Court, shall be modified as follows:

Facts of recognition

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

On July 18, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter referred to as “lease agreement of this case”) with respect to 10,000,000 won in deposit, monthly rent of KRW 400,000 in rent, and two years in rent (from July 17, 2017 to July 16, 2019) regarding the 2nd floor among the buildings owned by the Defendant Do and E 5th floor (hereinafter “instant building”).

Around that time, the Plaintiff paid 10,000,000 won to the Defendant, and acquired the instant store from the Defendant, and conducted a sale of functional health foods, food miscellaneous products, medical appliances, and cosmetics in the name of “F” at that place.

On March 25, 2018, the Defendant demanded the Plaintiff to return the instant store because the instant building was sold to G Co., Ltd.

On April 22, 2017, the Defendant removed the Plaintiff’s various office equipment and goods for sale, etc., which were located in the instant store, and removed all the interior decoration of the said store on April 26, 2017.

(Reasons for Recognition) Facts without dispute, entries or images of Gap's evidence 1 through 4, 6, and 7 (including each branch number), and the purport of the whole pleadings.

The plaintiff defendant at his own discretion removed the interior decoration with the goods owned by the plaintiff although the rental period for the store of this case remains.

As a result, the health functional foods for sale have deteriorated, the collection of equipment inside the store, etc. became unusable, and the plaintiff is unable to operate his/her business for seven months.

Therefore, the defendant should compensate the plaintiff for the total amount of KRW 32,855,900 in value of the goods for sale and the office fixtures, and KRW 9,958,258 in business losses for one year, KRW 2,00 in consolation money, KRW 2,00 in value.

At the time of concluding the instant lease agreement, the Plaintiff and the Defendant agreed to order the instant store even during the lease term when the instant building is sold, and the Defendant on January 12, 2018.