1. The defendant shall be the plaintiff.

(a) 45.12 square meters and 45.12 square meters in a single-story public restaurant in Jung-gu, Daegu-gu;

1. Facts of recognition;

A. The Plaintiff leased a deposit deposit of KRW 5 million, monthly rent of KRW 5 million, and the lease period from March 17, 2015 to March 16, 2017, to the Defendant, with a 45.12 square meters and 17.62 square meters and 17.62 square meters and 17.62 square meters and 17.62 square meters (hereinafter “each building of this case”).

B. While the Defendant was operating a restaurant at the instant building, the Defendant delayed payment of KRW 4 million for eight months from July 2016 to February 2017.

C. The Plaintiff notified the termination of the lease agreement on each of the instant buildings on the grounds of the delinquency in rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination:

A. According to the above facts, since the lease contract on each of the instant buildings between the Plaintiff and the Defendant was terminated by the termination of the Plaintiff on the ground of the Defendant’s delinquency in rent, the Defendant is obligated to deliver each of the instant buildings to the Plaintiff, and to pay KRW 4 million in arrears from March 1, 2017 to February 1, 2017 and KRW 500,000 per month as unjust enrichment equivalent to the rent from March 1, 2017 to the completion of the building.

B. On this issue, the Defendant asserts to the effect that, at his own effort, the Defendant tried to transfer the right to receive premium and the right to collect premium due to the termination of the Plaintiff’s lease agreement, it should be compensated for the fact that it has lost the opportunity to collect premium, while expanding the space of each building of this case and operating the restaurant in a stable manner by securing customers and operating the restaurant.

However, in the event that the lease contract is terminated due to the overdue delay of the defendant, the plaintiff is not required to guarantee the opportunity to recover the premium or compensate for damages caused by the loss of opportunity. Article 10-4 of the Commercial Building Lease Protection Act 1 of the same Act is an act falling under any of the following subparagraphs from three months to the expiration of the lease term: