1. Of the judgment of the first instance, the part against the Lessee corresponding to the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On October 28, 2010, the counterclaim Defendant entered into a lease agreement with the Lessee on the first floor of 74.43 square meters of the building located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) with the lease deposit of 30 million won, monthly rent of 1.6 million won (excluding value-added tax), from November 10, 2010 to November 10, 2012 (hereinafter “instant lease agreement”). On the same day, the counterclaim Plaintiff entered into the lease agreement with the Lessee with the former lessee operating the “G” during the instant building (4-person table 11, 2-person table, 38 chairs, TV 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 100, 300,000,000 won, including the instant lease agreement).

B. Around that time, the Lessee was handed over the instant building and operated a restaurant with the trade name “D”.

C. After the expiration of the period on November 10, 2012, the instant lease agreement was explicitly renewed as of November 10, 2014.

On October 6, 2014, the counterclaim Defendant notified the counterclaim that “The expiration date of the instant lease agreement is November 10, 2014.” Since the instant building should be remodeled, it is impossible to renew the contract, and thus, it was notified on November 10, 2014.”

On November 10, 2014, the Counterclaim Plaintiff notified the Counterclaim Defendant of “The Counterclaim Plaintiff knows on November 10, 2015 that the period of the contract renewal terms expires. It will be referred to as a business even if it takes a long time in remodeling.”

The instant lease agreement was extended by November 10, 2015.

E. On August 3, 2015, the counterclaim Defendant notified the Counterclaim Plaintiff of the termination of the instant lease agreement on November 9, 2015. After the termination of the lease agreement, the instant building was restored to its original state and changed to its original state.

On August 6, 2015, the Counterclaim Defendant filed the instant building on August 6, 2015.