1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant shall set forth in attached Form 1 to the plaintiff.

1. Facts of recognition;

A. On July 1, 2014, the Plaintiff entered into a lease agreement with the Defendant and C, setting the third floor (hereinafter “instant real estate”) among the real estate listed in the attached Table as indicated in the attached Table, as the lease deposit amount of KRW 30 million, KRW 1550,000 per month of rent (excluding value-added tax), and the period from August 4, 2014 to August 3, 2016.

(hereinafter “instant lease agreement”). B.

The Defendant and C paid KRW 30 million on July 2, 2014. The instant real estate was delivered and possessed in the course of operating a restaurant in the trade name of “E,” and the said real estate was occupied. The payment of the rent is delayed, with the exception of KRW 1,705,00 on September 5, 2014, and KRW 19,25,000 on December 9, 2014, and KRW 19,25,000 on September 4, 2015.

(including value-added tax);

Accordingly, the Plaintiff notified the Defendant and C of the termination of the instant lease agreement through the duplicate of the instant complaint.

[Ground of recognition] The items of evidence Nos. 1 to 3-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated and terminated by the Plaintiff’s notice of termination on the ground of the delinquency in rent.

The Defendant is obligated to deliver the instant real estate to the Plaintiff and return unjust enrichment equivalent to the rent by the date of overdue rent or delivery of real estate.

However, the security deposit received in real estate lease guarantees all the lessee’s obligations arising from the lease, such as rent obligations, liability for damages arising from the destruction, damage, etc. of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship (see Supreme Court Decision 2009Da39233, Feb. 27, 2014). In this case, even in this case, the amount equivalent to KRW 30 million from the security deposit to September 4, 2015, and the amount equivalent to KRW 19,225,000 from the overdue interest to September 4, 2015, from September 5, 2015 to April 4, 2016.