1.The judgment of the first instance shall be modified as follows:

The Defendants jointly pay to the Plaintiff KRW 40,913,260.

1. Basic facts

A. On March 8, 2014, the Plaintiff entered into a lease agreement with Defendant B with the term of KRW 50,000,000 for the instant real estate, KRW 4,500,00 for each month of rent, and KRW 4,500 for the term of lease from March 15, 2014 to September 30, 2016 (hereinafter “instant lease agreement”). Defendant B operated a restaurant under the trade name “D” after being handed over the said real estate from the Plaintiff around that time.

B. On the other hand, the instant lease agreement stipulated that “monthly rent is separate from surtax, and environmental and transportation contributions are borne by the employer. Upon the termination of the lease, the lessee may demand the lessor to pay the rights, facility costs, etc., and the lessee shall restore the store, such as facility costs, to its original state.”

C. Defendant B did not pay to the Plaintiff the difference from December 2014.

The sum of the overdue rent and management expenses that Defendant B did not pay by December 2015 is KRW 76,387,600 in total ($62,550,000 in delayed rent + KRW 13,567,600 in unpaid management expenses + KRW 270,00 in transportation and environment contributions).

The Defendants, on July 22, 2015, shall pay late rents in arrears for D cafeterias operated by the Defendants.

7. 31. Where it is not possible to resolve until 31. It is confirmed that the store will be restored to its original state and that it will comply with the requirements of the lessor;

The Plaintiff prepared and delivered a written statement stating “I,” and again agreed to terminate the lease agreement until September 30, 2015, stating “I will not lease the instant real estate by September 30, 2015. I will accept the letter at any time if I wish to do so, and deliver it to the Plaintiff.” The letter stating “I will accept it at any time and agree to dispose of it at any time.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion terminated the instant lease agreement, and Defendant B is the lessee of the instant lease agreement, and Defendant C is the instant lease agreement.