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. Basic facts

A. On March 15, 2017, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the attached list (hereinafter “instant real estate”) with respect to the lease deposit of KRW 10 million, monthly rent of KRW 850,000 (payment on a preferential basis) and the lease period of KRW 23,000 per month from March 23, 2017 to March 22, 2018.

Article 4 of the instant lease agreement provides that “In the event that a lessee fails to pay a rent for the second term, the lessor may terminate this contract immediately.”

B. The Defendant paid the lease deposit to the Plaintiff, and the Plaintiff handed over the instant real estate to the Defendant, and the Defendant occupies the instant real estate up to now.

C. The Defendant paid the Plaintiff the first rent on March 23, 2017, but did not pay the subsequent rent.

On June 12, 2017, June 16, 2017, and June 30, 2017, the Plaintiff urged the Defendant to pay the rent under the instant lease agreement by sending content-certified mail on three occasions on June 30, 2017.

On July 10, 2017, the Defendant sent to the Plaintiff a document evidencing that “The instant lease agreement is null and void. In order for the Defendant to make a director to another house of the Shipping Daegu, the amount of KRW 20 million or KRW 30 million or KRW 10% of the deposit is required, and the Plaintiff is entitled to enter into a contract at a down payment. As such, the Plaintiff is entitled to advance payment of KRW 2 million to the Defendant. The Defendant sent to the Plaintiff a document evidencing that “The Defendant is entitled to advance payment of KRW 2 million, which is part of the deposit amount of KRW 10 million under the instant lease agreement that the Defendant paid to the Plaintiff.”

On July 31, 2017, the Plaintiff did not agree to the termination of the contract by the Defendant.

The defendant would terminate the lease contract of this case at the time of dismissal of another lessee and return the remainder by offsetting the unpaid rent from the deposit. However, if the other lessee fails to seek it, the case shall be made.