1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 23, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the condition that the instant building was leased with KRW 150,000,000, and the lease term from January 1, 2016 to December 31, 2020, the monthly rent of KRW 10,450,00 (including additional taxes). The Defendant C succeeded to the rights and obligations of Defendant B as a lessee of the said lease agreement around December 2015.

B. On May 2017, the Defendants delayed payment, and the Plaintiff sent a content-certified mail demanding payment of unpaid rents to Defendant C Company on August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment asserted that the instant lease agreement was terminated by the delivery of a copy of the instant complaint stating the Plaintiff’s declaration of termination due to the Defendants’ failure to pay two or more rents, and that the Defendants are obliged to deliver the instant building to the Plaintiff, and to pay the Defendant’s overdue rent and unjust enrichment from May 2017.

However, on February 10, 2018, after the filing of the instant lawsuit, the fact that the Defendants delivered the instant building to the Plaintiff and paid the overdue rent and unjust enrichment equivalent to the rent by up to that time does not conflict between the parties. Therefore, the Plaintiff’s claim is without merit.

[Additional Opinion] We examine the Plaintiff’s assertion. On February 11, 2018, the Plaintiff returned KRW 144,000,000 out of the lease deposit of this case 150,000,000 to the Defendants. Of them, the Plaintiff asserts that the amount of KRW 6,000,000 from March 201 to October 201, constitutes the occurrence of costs for filing the instant lawsuit and interest in arrears (the amount of interest in arrears from March 2017 to October 2017) cannot be refunded to the Defendants.

However, the part seeking the above KRW 6,000,000 against the defendants is a separate claim that is not included in the plaintiff's claim of this case.