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. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the dismissal as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence

2. On May 31, 2017, the third part of the judgment of the first instance, “Plaintiff” in the first part, the third part of the judgment, as “Seoul Metro (Seoul Metropolitan Government Urban Railroad Corporation was merged with and changed to the name of Plaintiff, and accordingly, the Plaintiff took over the instant legal proceedings; hereinafter “Plaintiff,” without distinguishing between Seoul Matro and the Plaintiff.”

8th of the first instance judgment, the first instance judgment from 14th to 11th of the first instance judgment are as follows.

Next, as to whether Article 25(3) of the terms and conditions of the instant lease agreement is unfair, the following circumstances are comprehensively taken into account: ① Even after the termination or termination of the instant lease agreement, the Plaintiff is deemed necessary to establish a penalty provision for breach of contract as a private sanction to enforce the said agreement in preparation for a case where the lessee intentionally delays to obtain sales in the instant store even after the termination or termination of the lease agreement; ② the Plaintiff may incur additional damages due to failure to properly seek new lessee, such as delayed payment of the lease agreement due to the delay in the name of the Defendant; ③ In fact, the monthly average rate of rent at the 35.74% of the stores located in the subway 3 Line B where the instant store was located; ③ the Defendant’s payment of the rent under the previous lease agreement would be unreasonable if the Defendant delays the designation after the termination or termination of the lease agreement, but only the rent under the previous lease agreement would incur losses, regardless of the termination of the lease agreement’s payment.