Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. Basic facts

A. On June 15, 2013, C entered into a lease agreement with D on a deposit of KRW 10 million, monthly rent of KRW 700,000, and from June 28, 2013, on a deposit of KRW 700,000,000, monthly rent of KRW 700,000, and from June 28, 2013, and the Plaintiff operated the instant restaurant as a partnership business with C.

B. As to the instant restaurant, each of the following lease agreements (hereinafter “instant lease agreement”) was concluded:

1) On June 28, 2015, the Plaintiff entered into a lease agreement with D and lease deposit amounting to KRW 10 million, the lease term from June 28, 2015 to June 28, 2017, the monthly rent of KRW 850,000,000 for the termination of the lease contract, and the Plaintiff shall restore the instant restaurant to D in its original condition, and D shall return the remainder of the lease deposit if the Plaintiff is overdue rent or the cost of restoration to its original condition.

2) Around October 2015, D died. On June 26, 2016, the Plaintiff entered into a lease agreement with the Defendant who received the legacy of the instant restaurant, succeeding to the lease agreement described in paragraph 1).

3) On June 26, 2017, the Plaintiff entered into a lease agreement with the Defendant to renew the lease agreement described in the foregoing paragraph (2) with a view to increasing the monthly rent to KRW 900,000,000, and extending the lease period to June 27, 2019.

(c)

The Plaintiff did not pay the Defendant the electricity fee of KRW 342,160 and rent of KRW 150,000 with respect to the instant restaurant, and delivered the instant restaurant on July 2, 2019, which was after June 27, 2019, the expiration date of the instant lease agreement.

On August 28, 2019, the Defendant returned KRW 2,850,184 out of the lease deposit to the Plaintiff.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 5, video, the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the instant lease agreement is concluded upon the lapse of June 27, 2019 between the Plaintiff and the Defendant.