1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from the Plaintiff (Counterclaim Defendant) on 1,033.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 17, 2012, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as of KRW 20 million, monthly rent of KRW 1 million (in advance payment, KRW 500,000,000,000) and the period from January 17, 2012 to February 28, 2014.

(hereinafter “instant lease agreement”). B.

From September 1, 2012, the Defendant did not pay the Plaintiff rent. Accordingly, on February 25, 2014, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the rent delay, and the said content-certified mail sent to the Defendant on February 27, 2014.

C. The Plaintiff received delivery of the instant building on March 12, 2015 by executing a provisional execution based on the judgment of the first instance court of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts to the court, purport of whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, while the Defendant was in arrears for more than two years, the lease contract of this case was lawfully terminated upon arrival of the Defendant on February 27, 2014, stating the Plaintiff’s declaration of intent to terminate the lease contract of this case on the grounds of such delay, and thus, the Defendant is obligated to deliver the building of this case to the Plaintiff at the same time upon receiving the remainder of the deposit after deducting the overdue rent or unjust enrichment from the Plaintiff’s deposit amount of KRW 20 million.

Furthermore, the scope of rent or unjust enrichment to be deducted from the lease deposit is examined.

As seen earlier, the Defendant did not pay rent from September 1, 2012, and the fact that the Defendant operated a restaurant business in the instant building from June 29, 2014 to June 29, 2014 does not conflict between the parties. As such, the rent of KRW 3 million (500,000 per month x 8 months) from September 2012 to February 2013 and March 1, 2013.