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

The defendant shall pay KRW 6,011,539 to the plaintiff.

2...

1. Basic facts

A. On May 17, 2014, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement in this case”) with the Defendant, setting the following terms: (i) deposit: KRW 60,00,000; (ii) rent: KRW 1,800,000; (iii) the lease period: from June 9, 2014 to June 8, 2016; and (v) the special agreement terms: the amount calculated by adding the delay damages by 16% per month at the time of the delinquency in rent (hereinafter “the lease agreement in this case”).

B. Accordingly, the Plaintiff received deposit of KRW 60,000,000 from the Defendant, and delivered the instant apartment to the Defendant.

C. However, the Defendant paid KRW 1,800,000 for the monthly rent on April 9, 2015, and thereafter, did not pay the Plaintiff the monthly rent thereafter.

On March 16, 2016, the Plaintiff notified the termination of the instant lease agreement on the ground that the monthly rent is at least 2-year arrears, and the said notification reached the Defendant around that time.

E. On November 26, 2017, the Defendant delivered the instant apartment to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1’s assertion that the parties concerned had been lawfully terminated the instant lease agreement, and the Defendant returned the instant apartment to the Plaintiff around November 26, 2017.

However, as regards the Plaintiff’s monthly rent of KRW 56,820,00 for 31 months from April 9, 2015 to November 26, 2017 and the monthly rent of KRW 19,800,00 for 11 months from April 9, 2015 to March 8, 2016, the Defendant is an interest rate of KRW 24% per annum from March 9, 2016 to the delivery date of a copy of the complaint in this case, which is the interest rate of KRW 16% per annum and recognized in the first instance judgment.

The Plaintiff calculated the damages for delay for the overdue rent by applying the same as it is.

The judgment of the first 15% per annum from the next day to the completion date of delivery of the apartment of this case shall be served with a copy of the complaint of this case.