1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On March 30, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the portion (i) of KRW 7 million, monthly rent of KRW 300,000,000,000,000 and the lease period of KRW 24 months with respect to the building located in the Defendant and Busan Seo-gu, 1,2,6,5, and 16.53 square meters (hereinafter “instant store”).

Article 5 of the instant lease agreement provides that “The lessee may rebuild or alter the object of the contract with the approval of the lessor, but the lessee shall pay the whole cost and restore the object of the contract to its original state in the named city.”

B. The Defendant operated a secondhand shop at the instant store, and was in arrears as of June 25, 2014.

C. On May 12, 2016, the Plaintiff filed a lawsuit against the Defendant to seek payment of the delivery and overdue rent, etc. of the instant store (hereinafter referred to as “related case”) by this Court Decision 2016Da25924, and separately filed the lawsuit against the Defendant on December 21, 2016, seeking compensation for damages and damages for delay due to nonperformance of the duty to restore the store of this case’s damages.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, upon the termination of the instant lease agreement, failed to implement the instant lease agreement, to restore the store to its original state and deliver it to the Plaintiff pursuant to Article 5 of the instant lease agreement. As such, the Defendant, which caused the damage equivalent to KRW 1,00,000,000, in total, of the cost of restoring the electric measuring instruments, electric facilities, KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. From June 25, 2014, the Defendant claimed damages for delay on monthly rent, the Defendant delayed the payment of monthly rent from June 25, 2014, thereby resulting therefrom.