1. Each appeal against the principal claim and counterclaim of the Plaintiff (Counterclaim Defendant) and the claim of the principal claim altered in exchange at the trial.

1. Basic facts

A. On January 28, 2011, the Plaintiff entered into a lease agreement with the Defendant with respect to KRW 150,000,000, monthly rent of KRW 5,000,000 (excluding value-added tax) and KRW 5,000,000 (excluding value-added tax), which is owned by the Plaintiff, with respect to the 107, Seocho-gu Seoul Metropolitan Government C building 107 (hereinafter “instant store”). The Plaintiff continued to enter into the said lease agreement by raising the monthly rent of KRW 5,50,00 (excluding value-added tax) and the final lease period was until January 27, 2016.

B. The Plaintiff and the Defendant agreed to extend the term of lease only by February 27, 2016, which is one month after January 27, 2016, and on the same day, the Plaintiff returned 73,450,000 won for the remainder of the lease deposit after deducting the amount of KRW 10,000,000 in the name of recovery expenses and management expenses as well as the amount of KRW 60,50,00 in arrears (including value-added tax) from the Defendant, and the amount of KRW 6,550,00 in one month from February 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) The Plaintiff’s assertion is the cause of claim for the unpaid rent claim (request for a change in exchange at the trial). Around February 2015, the Plaintiff agreed with the Defendant as “in the event of delay in the payment of monthly rent, 3% per day on the unpaid amount until 15 days have elapsed from the date of payment, and 1% in the event of continuous delay, plus the late payment charge calculated by applying the rate of 1% per day,” and the Defendant paid monthly rent after the said 13 times period. As such, the Defendant applied the above 3% and 1% per day on the agreed arrears rate for the monthly rent paid after the said delay, and the above late payment charge for the monthly rent and the monthly rent appropriated in court in the order of each due date, the sum of the monthly rent unpaid as of February 27, 2016 shall be KRW 113,246,00, and the Defendant shall therefore, the middle.