1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, it refers to the grounds for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure

2. In accordance with the instant lease agreement, the Defendant: (a) intentionally delayed payment of the rent for a period of September and October 2013; and (b) requested the cancellation of the contract; and (c) requested the return of the deposit. The Defendant asserts to the effect that the Plaintiff did not accept it and did not refund the deposit; and (d) thus, the instant occurrence liability of the instant case lies on the Plaintiff.

According to the evidence No. 2, it can be acknowledged that Article 4 of the instant lease agreement provides that “No objection may be raised even if cancellation measures are taken on a voluntary basis unless monthly rent is paid for at least two months.”

In full view of the above recognized facts and the purport of Article 640 of the Civil Act (a lease of a building or any other structure may terminate a lease if the delayed amount of rent of a lessee reaches two or more lease periods). In the event the Defendant, a lessee, has delayed payment for not less than two months, the right to terminate the lease of this case is not the Defendant, a lessee, but the Plaintiff, a lessor.

The plaintiff is bound by the defendant's request and is not obligated to exercise it against the defendant.

The defendant's above assertion on a different premise is without merit to examine further.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.