1. The defendant's appeal is dismissed.

3. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1...

1. Basic facts

A. (i) On July 12, 2007, the Plaintiff entered into a lease contract with the Defendant on one unit (3.9 square meters for exclusive use of one unit, 13.22 square meters for total sale area) of the first floor underground in Jung-gu Seoul Special Metropolitan City, Jung-gu (including value-added tax) with the purchase price of KRW 119,350,00 (including 19,350,000).

(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 25, 2010, the Defendant won the following: (i) the store’s exclusive use area is 3.8 square meters; and (ii) the public area is 16.07 square meters; (iii) the public area is 12.19 square meters; (iv) the public area is 16.07 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 119,350,000 won out of the rent of this case to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 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 KRW 127,234,300 in total.