1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 27, 2014, the Plaintiff entered into a contract with the Defendant to rent KRW 30,000,000 (including value-added tax of KRW 170,000) monthly rent of KRW 1,870,000 (including value-added tax of KRW 170,000), and the period from October 1, 2014 to September 30, 2016 (hereinafter “instant lease contract”) with the Defendant, and paid the Defendant all of the deposit money of KRW 30,00,000 on August 27, 2014, and KRW 12,00,000,000 on September 5, 2014, and KRW 15,000,000 on September 15, 2014.

B. From October 2014 to October 2015, the Plaintiff paid KRW 1,870,000 each month to the Defendant. From November 2015 to July 2016, the Plaintiff paid KRW 1,300,000 each month. From August 2016 to September 2016, the Plaintiff was not paid.

C. The instant lease agreement expired on September 30, 2016, and the Plaintiff transferred the instant commercial building to the Defendant on the same day.

On October 31, 2016, the Defendant wired KRW 10,000,000 to the Plaintiff’s account, and KRW 10,000,000 on November 15, 2016, and KRW 7,130,00 on November 16, 2016, and returned KRW 21,130,000 out of the deposit money under the instant lease agreement to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on September 30, 2016 after the expiry of the period of September 30, 2016, and the Plaintiff, on the same day, delivered the instant commercial building to the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the remainder amount of KRW 23,730,000, a sum of KRW 21,600,000, the amount of rent of KRW 23,730,000, which was paid to the Plaintiff as the person who was in arrears from KRW 30,000,000, the remainder of KRW 6,270,000,000 (= KRW 30,000,000 - KRW 23,730,000), and damages for delay.

B. The defendant's defenses 1) The defendant of this case is the defendant of this case.