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. Facts of recognition;

A. On July 30, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) stating that “The Plaintiff shall lease the real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant at KRW 50,000,000,000,000 for the lease deposit and KRW 2,80,000 per month from July 30, 2014 to July 30, 2016.”

B. The instant lease agreement provides that “If a lessee fails to pay monthly rent at the second half, a lessor may terminate the lease agreement,” and that “this agreement is a contract under the current state of facilities after the on-site investigation, and does not raise any objection to the aging, etc., and the lessee shall be subject to reduction of KRW 2,80,000 on the condition that the lessee repairs (e.g., painting, etc.) at the monthly rent of KRW 3 million.”

C. Around September 19, 2014, the Plaintiff agreed with the Defendant to deduct KRW 2,320,000,000 paid by the Defendant as a waterproof Construction Work, Berne D, etc. from the rent of the first month.

The Defendant did not pay the Plaintiff the rent after concluding the instant lease agreement.

On September 26, 2014, around December 16, 2014, and around May 12, 2015, the Plaintiff urged the Defendant to pay the overdue rent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. The instant lease agreement, based on the determination on the cause of the claim, terminates on the ground of the failure to pay rent for more than two years.

“A copy of the instant complaint was lawfully terminated on July 8, 2015, which received from the Defendant.

Therefore, the Defendant’s delivery of the instant apartment to the Plaintiff upon the fulfillment of the duty to restore, and the amount calculated by subtracting 2,320,000 won from the overdue rent that occurred from July 30, 2014 to May 30, 2015 (=2,568,00 won x 10 months x 2320,00 won) and the rate of 2,80,00 won per month from May 31, 2015 to the completion date of delivery of the instant apartment.