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

The defendant shall receive KRW 14 million from the plaintiff at the same time.

1. Facts of recognition;

A. On December 1, 2008, the Plaintiff leased each lease deposit amounting to KRW 7 million, KRW 1 million, and period from December 1, 2008, to the Defendant as to the third and fourth floor of the building in the attached list (hereinafter “instant building”). The Plaintiff leased each lease deposit amounting to KRW 7 million, KRW 1 million, and the period from December 1, 2008.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was renewed on two occasions thereafter, and the termination date of the lease agreement was extended until December 1, 2014.

C. The Defendant paid to the Plaintiff the sum of KRW 14 million, and operated scambling and scambling in the instant building from the time of the conclusion of the said lease agreement to December 31, 2015, but thereafter, did not use the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 2, and purport of whole pleadings

2. Determination

A. As the instant lease contract expired on November 30, 2014, the Plaintiff sought reimbursement of unjust enrichment equivalent to the rent calculated by the ratio of KRW 2 million per month from March 1, 2015 to the completion date of delivery against the Defendant, on the grounds that the instant lease contract expired on November 30, 2014.

On this issue, the defendant asserts that the lease contract was renewed because the plaintiff did not notify the rejection of renewal one month before the expiration of the lease term.

According to Articles 2 and 10(4) and 10(1) of the Commercial Building Lease Protection Act, in cases of a lease to which the Commercial Building Lease Protection Act applies, if the lessor fails to notify the lessor of his/her refusal to renew the lease one month prior to the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In such cases, the term

In the case of the lease contract of this case, the purpose of the building for business is 7 million won, each deposit is 1 million won per month, and Article 2 of the Commercial Building Lease Protection Act and the same Act.