1. The Defendant’s KRW 3,981,060 as well as the Plaintiff’s annual rate of 5% from September 18, 2016 to March 29, 2017, and the following.

1. On May 30, 2016, the Plaintiff entered into a lease agreement with the Defendant on a deposit basis with the Gangnam-si C, Dong 2 (hereinafter “instant building”) to KRW 5,000,000, and the lease term from June 1, 2016 to September 17, 2016, and the lease term to KRW 16,000,000 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 21,00,000,000, including the deposit and rent to the Defendant.

On June 1, 2016, the Plaintiff started gambling business in the instant building under the trade name, “D Park” (the trade name was used as trade name for the gambling business operated in the instant building before the Plaintiff was leased). On August 16, 2016, the Plaintiff suspended the private house gambling business, and returned the key of the instant building to the Plaintiff, and then removed the instant building from the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 12-12, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff leased the instant building to operate it as a private house, but the building of this case did not obtain permission or report necessary for running a private house for a lawful private house, and the Defendant breached all the duty of removal of equipment necessary for running a private house, namely, ① the use of the front-maur’s Round, ② the opening of a iron house, ③ the installation of equipment necessary for running a private house, ④ the removal of the common house.

On August 2, 2016, the Plaintiff notified the Defendant that the instant lease contract was rescinded on the grounds as above. Around that time, the instant lease contract was lawfully rescinded upon the declaration of intent to rescind the said contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the deposit amounting to KRW 5,00,000, the fixed rent of KRW 16,000,000, and all kinds of expenses such as advertising expenses, vehicle sirens expenses, and cost of purchasing equipment, etc. paid by the Plaintiff for the operation of the private house, and damages for delay therefrom.

3. Determination

A. The Defendant’s breach of the lease agreement.