1. The Defendant’s KRW 40,336,667 as well as the Plaintiff’s KRW 5% per annum from October 9, 2018 to November 29, 2018.

1. Facts of recognition;

A. On January 28, 2017, the Defendant leased part (registration No. 78) of the 122 of the 2nd floor D of Jung-gu Seoul, Jung-gu, Seoul (registration No. 78) to the Plaintiff and C for six months from January 18, 2017, with the lease deposit amount of KRW 50 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the lease period of the lease.

(hereinafter “Lease of this case”). (b)

Article 5 of the instant lease agreement provides that “If a lessee is unable to pay a monthly rent to a lessor within the maturity of the contract, the deposit shall be deducted.”

B. The instant lease agreement was implicitly renewed several times.

C. On January 23, 2018, one of the lessees under the instant lease agreement, C prepared a letter of intent to transfer all rights to the instant lease agreement to the Plaintiff and delivered it to the Plaintiff.

The plaintiff did not pay the monthly rent to the defendant from February 28, 2018.

E. On July 9, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 2, 14, Eul evidence 7, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant lease agreement was explicitly renewed several times, and the Plaintiff was terminated on June 2018 on July 27, 2018 by clarifying the Defendant’s intention of retirement.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 43.5 million with 5% interest per annum from July 28, 2018 to the delivery date of a copy of the complaint of this case from July 28, 2018 to the date of the completion of the lease contract of this case, and 15% interest per annum from the next day to the date of full payment.

B. Article 10(1) of the Commercial Building Lease Protection Act provides that "a lessee shall not refuse to renew a contract without justifiable grounds if the lessee requests the renewal of the contract between six months and one month before the expiration of the lease term." The main text of paragraph (4) of the same Article is to renew the lease to the lessee within the period of paragraph (1).