1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On March 26, 2003, the Plaintiff leased the part of the lease of this case to the Defendant from March 26, 2003 to March 25, 2004, with the lease deposit amounting to KRW 24,00,000, monthly rent amounting to KRW 2,400,000 (additional tax separate), and the lease period from March 26, 2003 to March 25, 2004.

(hereinafter referred to as “the instant lease,” and the said lease contract has been renewed on the same condition after the date.

B. As of November 30, 2016, the Defendant unpaid KRW 63,832,930 by paying KRW 780,765,631,00 among KRW 84,59,561 (i.e., KRW 84,598,561) and KRW 610,765,631,631 (i.e., KRW 844,59,561), including the monthly rent from December 30, 2009 to November 2016 pursuant to the instant lease agreement, and the total amount of KRW 610,013,40,00 from December 2, 2009 to September 2016.

On the other hand, on November 30, 2016, the list of rent as of November 30, 2016

2. The term "a. rent" in the current status of the payment of rent and management expenses is as stated in the item "c. management expenses modified" in the same list, and the management expenses are as stated in the item "c. management expenses modified" in the same list, and the status that the defendant paid to the plaintiff

d. The term "amount of entry" is the same as the entry.

C. On October 28, 2014, December 8, 2014, and December 2, 2016, the Plaintiff sent to the Defendant a certificate of the purport that the instant lease contract is terminated due to the unpaid monthly rent and management expenses.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 97, the purport of whole pleading

2. Determination

A. According to the facts of the determination as to the cause of the claim, 780,765,631 won paid by the Defendant to the Plaintiff is appropriated for the monthly rent of the lease of this case between the parties, unless there is any evidence to acknowledge that it was appropriated for the monthly rent of the lease of this case due to an agreement on the appropriation for performance or a designated appropriation for performance. Thus, it shall be deemed that each of the individual rent and management expenses claims, the fulfillment period of which first comes due, have first been appropriated for the payment. Thus, from December 2009 to April 2016, the monthly rent of 218,745,153 won and December 209.