1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Determination on the cause of the claim

A. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged according to the entries of the evidence No. 2 and the purport of the whole pleadings.

(1) On May 31, 2012, the Plaintiff entered into a lease agreement with D on the third floor of the operation of a 332 square meters of a building on the ground (hereinafter “the leased object of this case”) owned by the Plaintiff, and the Defendant succeeded to the lessee’s status under the above lease agreement, such as accepting the claim for refund of the deposit for lease deposit from D, and continued to operate the business therein.

The Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the subject matter of the instant lease by setting the lease deposit of KRW 12,00,000, monthly rent of KRW 1,200,000 (payment by the fifth day of the following month), from March 13, 2013 to March 12, 2015.

Article 22(1) of the Civil Act provides that the Defendant shall not pay the monthly rent under the instant lease agreement, and the sum of the monthly rent unpaid until February 2015 reaches KRW 50,338,670.

B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the sum of the unpaid rent of KRW 50,338,670 and the delay damages thereof, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserted the termination of the instant lease agreement: (a) on June 2013, the Plaintiff notified the Plaintiff of the termination of the instant lease agreement; (b) however, the Plaintiff, who was undergoing the rehabilitation procedure, was not capable of returning the lease deposit; and (c) the Defendant concluded a partnership agreement with the intent to transfer the business and the right of lease to F on or around July 2013, and confirmed that the Plaintiff’s employee transferred the right of lease to F; (d) thereby, the instant lease agreement between the Plaintiff and the Defendant was terminated; and (e) on October 25, 2013, the Defendant and F, upon cancelling the said partnership agreement, operated the business solely by F thereafter.