1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 13,310,000 from the plaintiff.

1. Basic facts

A. On March 1, 2002, the Plaintiff entered into a lease agreement with the Defendant, a deposit of KRW 30,000,000, monthly rent of KRW 650,000, and a term of lease of KRW 1 year.

(hereinafter “instant lease agreement”). The instant lease agreement was explicitly renewed several times, and the Defendant is occupying the instant building up to the present day.

B. On September 27, 2016, the Plaintiff sought payment of KRW 15,500,000 from March 2002 to August 2016 to the Defendant, and if the Plaintiff failed to perform this, the Plaintiff sent a proof of the content that the instant lease contract will be rescinded. This reached the Defendant around that time.

C. Meanwhile, on March 26, 2018, the Plaintiff paid KRW 16,040,000 remaining after deducting the amount of overdue rent from around July 2017 to February 2018, 2017, which was the date of closing the argument in the first instance judgment, from March 2002 to August 2016, the Plaintiff paid to the Defendant the amount of KRW 12,270,000, which was the remainder after deducting the amount of overdue rent from around July 2017 to around February 2018.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, and 5 (including branch numbers), and the purport of the whole pleading

2. Assertion and determination

A. The plaintiff asserts that the defendant did not pay the following rent from March 2002 to August 2016. Since the lease contract of this case is terminated by more than two years in arrears, the defendant asserts that the defendant has a duty to deliver the building of this case to the plaintiff, and that the defendant paid all the rent except for the rent of one month.

The late payment in the year (unit: Won) 2002 2,600,000 200 650,000 200 2,6005 2,600,600, 2000 2,600, 2000 2,600 2006 650,000 2006 650,0007 1,350,000 2008 270,000 2009 201-50,000 (additional payment) 201-50,000 (additional payment) 201,350,000 20310,000 00,000 00 20,2014 0,207,000 20,000

B. First of all, we examine whether the instant lease contract was rescinded due to the delinquency in rent, and whether the pertinent lease contract was lawfully rescinded due to the delinquency in rent for at least two years.

The plaintiff is the plaintiff. <1>