1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 10 million from the plaintiff at the same time.

1. Basic facts

A. Around January 2013, the Plaintiff and the Defendant entered into a lease agreement with respect to the instant store owned by the Plaintiff: (a) KRW 10 million; (b) monthly rent of KRW 900,000; and (c) the term of lease from December 30, 2012 to December 30, 2014; and (d) again entered into a lease agreement with the terms of KRW 10 million; (b) monthly rent of KRW 850,00,000; and (c) the term of lease from April 30, 2013 to December 30, 2015, the following special provisions are stipulated:

(hereinafter “instant lease contract”). ① Store premium and facility cost are not recognized.

(2) Management expenses shall be borne by lessees.

(3) In the event of arrears not less than twice a month, the lessor shall voluntarily dispose of it.

(4) The lessee shall be liable for all expenses incurred at the time of retirement.

B. Under the above lease agreement, the Defendant paid the Plaintiff a deposit of KRW 10 million and sold female clothing at the instant store.

C. On December 28, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “The Defendant refused to renew the instant lease agreement on the ground that the Defendant lent the instant store to a third party without the Plaintiff’s consent, and at the same time the termination of the instant lease agreement expires on December 30, 2015,” and the content-certified mail reached the Defendant around that time.

However, the Defendant rejected the delivery of the instant store by asserting that it did not sublet the instant store to a third party without permission, and that the instant lease contract period is up to April 30, 2016.

E. On April 29, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “The instant lease agreement was already terminated, and the lease agreement was terminated as of April 30, 2016, even according to the Defendant’s assertion, and thus, the instant store was delivered to the Defendant at that time.” The content-certified mail sent to the Defendant around that time.

F. On April 29, 2016, the Plaintiff terminated the instant lease agreement.