1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

1. (1) On July 19, 2017, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant for restaurant use; (b) agreed that the lease period shall be 24 months from August 31, 2017 to August 30, 2019; (c) lease deposit shall be 20 million won; and (d) rent shall be 1.6 million won per month (including value-added tax; hereinafter the same shall apply); and (c) from September 1, 2018, the Plaintiff agreed to increase the amount as KRW 2 million per month from September 1, 2018.

(2) On August 31, 2017, the Defendant received the instant building from the Plaintiff. Around that time, the Plaintiff paid KRW 20 million to the Plaintiff. From October 2017, 2017, the Defendant operated a restaurant business with the name of “C” in the instant building.

(3) However, the Defendant did not pay the Plaintiff the rent from December 2018. Accordingly, the Plaintiff urged the Defendant to pay the rent by way of content-certified mail on March 18, 2019 and April 22, 2019. The Defendant did not pay the Plaintiff up to September 30, 2019 the sum of the rent of KRW 18 million (2 million per month x 9 months) up to August 30, 2019, which is the termination date of the instant lease agreement.

(4) On May 1, 2019, the Defendant reported to the tax office on the suspension of business of the above restaurant, and did not engage in the above restaurant business since that time. On February 10, 2020 after the first judgment was rendered, the Defendant handed over the building of this case to the Plaintiff as provisional execution of the above judgment on February 10, 2020.

(5) The above facts do not conflict between the parties, or are recognized by Gap evidence Nos. 1 through 4 (including branch numbers for those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the overall purport of pleadings, and there is no counter-proof otherwise.

2. Determination as to the claim

A. According to the fact that the principal claim (1) the delivery of the building and the claim for the payment of unpaid rent, the instant lease contract was terminated on August 30, 2019, and thus, the Defendant had expired.