1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. According to the determination as to the cause of the claim, inasmuch as the instant lease contract was terminated due to the Defendant’s delay, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, etc., and pay the Plaintiff, etc. the amount of KRW 15,300,00 in total for six months from August 29, 2015 to January 28, 2016 (i.e., KRW 2,550,000 x six months) and damages for delay calculated at the rate of 15% per annum from March 11, 2016 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, to the day of complete payment. The Defendant is obligated to pay unjust enrichment at the rate of KRW 2,50,000 per month from January 29, 2016 to the day of completion of delivery of the instant building.

On May 21, 2015, the Defendant concluded a lease agreement with the Plaintiff, etc. on KRW 20,000,000 for the instant building, KRW 2,550,00 for monthly rent (prepaid payment on May 28, 2015), and the period from May 28, 2015 to May 28, 2016 (hereinafter “instant lease agreement”).

Article 2(2) of the instant lease agreement provides that “The lessor may terminate the instant lease agreement immediately in the event of a failure to pay the monthly rent 2 years in arrears.”

B. The Defendant paid the lease deposit to the Plaintiff, etc., and used the building of this case from that time.

C. The Defendant paid only monthly rent to the Plaintiff, etc. up to July 2015, and did not pay the rent after August 2015.

Accordingly, on October 13, 2015, the Plaintiff et al. sent to the Defendant a notice of termination of the lease agreement on the ground that the overdue charge reaches two months, and at that time the notice reached the Defendant.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. Determination as to the defendant's assertion

A. (i) The Defendant alleged that the Plaintiff had no obligation to pay the rent in violation of the duty to repair the Plaintiff, etc. (i) had a bad malodor in the toilet from the date when the Defendant moved into the instant building, and on May 2015.