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

The defendant 37,529,505 won and 30,000 won out of the above money to the plaintiff.

1. Facts of recognition;

A. On December 22, 2015, the Plaintiff, from the Defendant, leased the first floor of Seocho-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant store”) as “ deposit KRW 100 million, monthly rent KRW 700,000 (excluding value-added tax), monthly management expenses (excluding value-added tax), and the contract period from December 29, 2015 to December 28, 2017” (hereinafter “instant lease contract”). The Defendant paid each deposit amount of KRW 10 million out of the deposit on the date of the contract, and KRW 90,000,000,000 from December 29, 2015.

B. While the Plaintiff was operating a restaurant with the trade name “E” at the instant store, the Plaintiff was not paid rent to the Defendant from January 2017, and on May 8, 2017, the Defendant filed a lawsuit against the Plaintiff seeking the termination of the instant lease agreement on the grounds of no rent more than three occasions and the return of unjust enrichment equivalent to the rent from the date of delivery of the instant store and the date of completion of delivery of the instant store.

(Seoul Central District Court 2017Kadan41802). (c)

On June 30, 2017, the Plaintiff prepared a written confirmation of transfer and acquisition with respect to the instant store on June 30, 2017. On June 1, 2017, the Plaintiff transferred to the Defendant the right to all the facilities and goodwill of the instant store as of June 30, 2017.

3. The remainder of 2. above shall be paid to the Plaintiff by the period of 3-1. below.

3-1. The date of the above 3. Payment may be the date on which the transferee’s business registration certificate is issued.

On June 30, 2017, the Plaintiff delivered the instant store to the Defendant in accordance with the instant confirmation document, and transferred all business rights, including the facility, to the Defendant. The Defendant completed business registration regarding the instant store in the name of F on July 7, 2017.

E. The Defendant filed the lawsuit on August 16, 2017.