1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 100,000,000.

1. Basic facts

A. On December 14, 201, the Plaintiff entered into a lease agreement with Nonparty F and the Defendant (hereinafter “Defendant et al.”) with respect to Nonparty D and E commercial buildings in Seocho-gu Seoul Metropolitan Government (hereinafter collectively referred to as “instant commercial building”), with the Defendant et al. as joint lessee; the lease deposit is KRW 100,000,000; the lease deposit is KRW 100,000; the lease term is from December 14, 201 to December 14, 2016; and the monthly rent is KRW 10,000,000 (hereinafter “instant lease agreement”).

B. The Plaintiff, the Defendant, etc. agreed to perform a separate performance rejection, and to bear the overdue rent and damage related to the lease as a joint liability of the lessee, as the special terms and conditions of the instant lease agreement.

Meanwhile, the Defendant, etc. committed a promise to order the Plaintiff to present the instant commercial building in the event that the monthly rent is overdue for at least two months, or the Defendant, etc. violated the duty of prohibition on sublease on deposit and sublease.

C. The Defendant, etc. paid KRW 100,000,000 to the Plaintiff on the date of entering into the instant lease agreement, and the F began with the trade name “G” in the instant commercial building.

From the beginning of the instant lease agreement, the Defendant et al. had been in arrears at KRW 135,00,000,000, which was the monthly rent due as of November 2017.

E. In addition, by August 2016, the Defendant, etc. defaulted on the water supply and sewerage charges incurred in relation to the instant shopping mall, and accordingly, the Plaintiff, the owner of the instant shopping mall, paid on November 20, 2017 a total of KRW 10,558,120 (= KRW 9,274,840, KRW 1,283,280) such as the above charges and additional charges in arrears on November 20, 2017.

F. On November 28, 2017, the Plaintiff: (a) as a receiver; (b) as the Defendant, etc. delayed the payment of the rent for at least three months; and (c) as the trade name of “H Co., Ltd., other than “G”.