1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

1. Facts of recognition;

A. On October 31, 2004, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10,000,000 as well as KRW 1,00,000 for monthly rent of KRW 1,00,000 (excluding value-added tax). On October 31, 2004, the Defendant paid the Plaintiff KRW 10,000,000 as well as the Plaintiff’s sales from the leased object of this case.

B. On October 31, 2014, the Plaintiff and the Defendant have implicitly renewed the said lease agreement. The Plaintiff and the Defendant have increased the rent to KRW 1,155,00 (including value-added tax) again on and after October 31, 2014, and have concluded the lease agreement again (hereinafter “instant lease agreement”) by setting the period from October 31, 2014 to October 30, 2015, and the Defendant continues to operate the Kabta business at this point.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The instant lease agreement was implicitly renewed.

The defendant's rent that is not paid as of December 31, 2017 is KRW 14,630,000.

The instant lease agreement was already terminated on the ground of the Defendant’s delay of rent, or terminated by the service of a duplicate of the instant complaint.

When the security deposit is deducted from the unpaid rent, all the security deposit shall be extinguished and 4,630,000 won shall remain.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff and pay the Plaintiff the unpaid rent of KRW 4,630,000 and the amount of unjust enrichment equivalent to the rent of KRW 1,150,000 per month from January 1, 2018 to the completion date of delivery of the leased object of this case.

B. (1) According to the records in Gap evidence 3, Eul evidence 8-1, and Eul evidence 8-2, the plaintiff sent a content-certified mail to the defendant on September 18, 2017, for the following reasons: (a) the plaintiff did not pay a total of KRW 13,475,000 for the rent from October 18, 2014 through April 4, 2015; and (b) the rent from April 2017 to August 2017; and (c) the defendant sent a content-certified mail to the plaintiff on September 25, 2017.