1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

The first instance court, within the scope of the original trial, dismissed all of the Plaintiff’s claim for the payment of damages (1,200,000,000 won, which is a part of the damages) and the claim for refund of lease deposit (97,00,000 won). The Plaintiff appealed only for the portion of KRW 1,00,000,000 out of the above claim for damages.

Therefore, the remaining parts of the Plaintiff’s claim, except the appeal part, were excluded from the scope of the trial of the party.

Basic Facts

The plaintiff, on December 27, 2007, was sold in lots by the defendant, the 8 and 9th floor located in the Young-gu Seoul Metropolitan Government B (hereinafter "the instant commercial building") from the defendant on December 27, 2007. Since April 2008, the plaintiff operated the wale in the above commercial building, but failed to pay part of the sales price.

On May 25, 2010, the defendant filed a lawsuit against the plaintiff on May 25, 2010 against Gap evidence 1-2, Eul evidence 6, and the defendant filed a lawsuit seeking the delivery, etc. of the above commercial building.

(Seoul Central District Court 2010Gahap53018). A No. 11-1 of the evidence No. 11-2 was established on May 12, 201 between the Plaintiff and the Defendant (hereinafter “instant conciliation”). Among them, the provisions relating to the instant case are as follows:

A No. 2 Adjustment of this case

1. The Plaintiff and the Defendant terminate the sales contract concluded with respect to the instant commercial building on December 27, 2007 as of May 12, 2011.

4. As of May 12, 201, with respect to the instant commercial building as of May 12, 201, a new lease agreement should be concluded (hereinafter “instant lease agreement”).

Lease deposit: 20 million won (replacement as part of the refund of sale price under paragraph (3)); or

Term of lease: Three years (from May 1, 201 to April 30, 201).

Rent: 30 million won per month (excluding management expenses and value-added tax, but excluding rent and management expenses until April 30, 201; 25 million won per month from May 1, 2011 to September 30, 201)

5. The Plaintiff offered a building C to which the instant commercial building belongs as security.