1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

On January 12, 201, the Plaintiff entered into a lease agreement with the Defendant on January 12, 201, stipulating that deposit amount of KRW 1,000,000 for the instant building owned by the Plaintiff, KRW 350,000 per month for rent (the 15th day of each month for rent payment) and January 15, 201 for the term of lease from January 15, 201 to January 15, 2013.

(hereinafter “instant lease agreement”). On January 15, 201, the Defendant received delivery of the instant building from the Plaintiff from the Plaintiff and did not fully pay the deposit and rent until the closing date of the pleadings of the instant case.

On December 16, 2015, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s unpaid rent reaches the Defendant.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings are determined as above. The lease contract of this case was lawfully terminated on December 16, 2015. Thus, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the Defendant is obligated to pay the Plaintiff the rent from January 15, 201 to December 16, 2015, which is the date of termination of the instant lease contract. Accordingly, the Defendant is obligated to pay the Plaintiff the rent of 20,650,000 won unpaid from January 15, 201 to December 14, 2015, which began to use and profit from the instant building in accordance with the instant lease contract (i.e., 59 months x monthly rent of 350,00 won) and, upon the Plaintiff’s request, pay damages for delay at the rate of 15% per annum from December 17, 2015 to the date of full payment, from December 15, 2015 to the date of delivery of the copy of the instant complaint, and refund the amount of damages for delay at the rate of 350,000 won per annum and unjust enrichment from December 15, 2015 to the date of delivery of the instant building.

The main point of the defendant's argument regarding the defendant's argument is that the defendant set forth 200,000,000 to the plaintiff at the interest rate of 5.5% per annum, and the plaintiff and the defendant C jointly.