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. (i) On July 17, 2008, the Plaintiff entered into a lease agreement with the Defendant on the purchase price of KRW 77,550,000 (including value-added tax) with respect to 1 unit (3.9 square meters for exclusive use of 1 unit, 13.2 square meters for total sale area) of 5th unit (3.9 square meters for exclusive use of 1 unit, 13.22 square meters) of 5th unit

(hereinafter “instant lease agreement”). The Plaintiff and the Defendant, under the instant lease agreement, determined the specific location of the store by drawing after paying the sales price, and decided to settle the sales price according to the increase or decrease in the store size.

(Article I(2). The overdue interest rate for the sale price shall be 19% per annum.

(Article 3). Other important matters are as shown in the annexed sheet.

B. Around February 24, 2010, the Defendant won a lot of commercial buildings in the 101st five stories above the ground (hereinafter “instant store”). The exclusive use area of the instant store is 3.56 square meters, and the common use area is 12.3 square meters and the total sale area is 15.89 square meters.

B. On March 19, 2010, the Plaintiff notified the Defendant that the sale price, excluding the security deposit, was settled in accordance with the exclusive area (based on 3.9 square meters), and that the security deposit was settled in accordance with the sale area (based on 13.22 square meters) and issued the details of the settlement, and that the account payable should be paid until April 30, 2010.

Fidelity Defendant paid KRW 77,550,000 to the Plaintiff out of the rent of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above basic facts, it is reasonable to view that the plaintiff and the defendant agreed to settle the sale price, excluding the rental deposit, according to the exclusive use area, and the rental deposit according to the sale area (exclusive use area) on the premise that the lease area of one unit is 13.22 square meters.

Accordingly, if the rent for the defendant is settled, the rent for the store of this case, including the settlement money following the increase in the area, shall be 81,920.