1. The defendant shall receive KRW 7,103,00 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the arguments as a result of the appraisal of rent by an appraiser C, as stated in Gap evidence 2, 4, 5, Gap evidence 3-1, 2, and Gap evidence 6-1 to 4, and the whole purport of the arguments.

On September 18, 2009, the Plaintiff entered into a lease contract with the Defendant with the term of KRW 40,000,000, monthly rent of KRW 1,300,000, and the term of lease from September 21, 2009 to September 20, 201.

(hereinafter “instant lease agreement”). B.

The Defendant, while operating a restaurant in the instant building, did not pay the monthly rent for a long time until October 20, 2014, up to KRW 27,100,00 in total, and further, damaged the wall installed on the 1 and 2nd floor of the instant building, such as destroying the wall or installing a kitchen facility without permission, etc., and takes up KRW 5,797,00 as the cost of restoration to its original state.

C. The Plaintiff is the Defendant around September 18, 2014.

On September 20, 2014, the instant lease agreement was terminated as of September 20, 2014. D.

Accordingly, from October 21, 2014, the Defendant did not operate a restaurant in the instant building, and on the other hand, the Plaintiff received from a third party the payment of KRW 1,000,000 per month from that time.

2. Determination:

A. According to the above facts, the instant lease contract was lawfully terminated according to the Plaintiff’s expression of intent to terminate the contract, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 27,100,000 in arrears until October 20, 2014, and KRW 5,797,000, respectively.

However, the plaintiff seeks to deliver the building of this case with the payment of the remainder after deducting the overdue rent and the cost of restoration from the lease deposit to the defendant. The plaintiff seeks to deliver the building of this case with the repayment of the lease deposit of this case 40,000.