1.The judgment of the first instance, including a claim added and reduced in the trial, shall be modified as follows:

In this case.

1. Basic facts

A. On September 30, 2015, the Plaintiff entered into a lease agreement with the Defendant to pay the instant store KRW 15,000,000 as lease deposit, and the lease term until July 2, 2017, and KRW 1.3 million as of the monthly rent (excluding value-added tax) on the third day of each month (hereinafter “instant lease agreement”).

The Defendant paid KRW 10 million among the above deposit, and agreed to pay the balance of KRW 5 million in the amount of KRW 5 million on November 3, 2015 and December 3, 2015, respectively.

Around that time, the Defendant received the instant store and used it until February 14, 2017.

B. On October 5, 2015, the Plaintiff was paid KRW 1.3 million from the Defendant, KRW 1.3 million on December 4, 2015, KRW 1.3 million on December 4, 2015, KRW 390,000 on January 24, 2016, KRW 1430,00 on February 3, 2016, KRW 1430,00 on March 20, 2016, KRW 9.855 million on May 31, 2016.

Meanwhile, the Defendant delayed the payment of rent from December 4, 2015, and the Plaintiff filed the instant lawsuit seeking the delivery of the instant store and the payment of unpaid rent on the grounds of the Defendant’s delay of rent, and the duplicate of the complaint reached the Defendant on August 25, 2016.

2. Determination as to the cause of action

A. According to the above facts as to the claim for return of accrued rent or unjust enrichment equivalent to the unpaid rent, the lease contract in this case was lawfully terminated on August 25, 2016, stating that the Defendant’s termination of the lease contract on the grounds of delinquency in rent for at least two years, and on August 25, 2016, the copy of the complaint in this case was served on the Defendant. Thus, the Defendant is obligated to pay the Plaintiff the amount calculated by deducting the Plaintiff’s deduction of KRW 985 million from September 30, 2015 to February 14, 2017, the sum of KRW 23,618,064 from September 30, 2015 to February 14, 2017.

B. As to the enforcement cost and the costs of lawsuit, the Plaintiff raised objection against the Defendant.