1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 18,600,000 from the plaintiff at the same time.

1. Fact that there is no dispute over basic facts [based for recognition], entry of evidence No. 1, and evidence No. 3-2, and purport of the whole pleadings;

A. On August 1, 2015, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 30,00,000,000, monthly rent of KRW 1,80,000, and the period from August 1, 2015 to August 1, 2017 (hereinafter “instant lease agreement”).

However, the lease contract was made on August 5, 2015, and the deposit amount is KRW 40,000,000, monthly rent is KRW 1,700,000, but there is no dispute over the fact that the plaintiff and the defendant agreed to KRW 30,000, monthly rent is KRW 1,800,000.

The above lease agreement includes that the plaintiff may terminate the contract when the defendant's overdue overdue charge reaches the three-year overdue charge.

B. After paying KRW 30,00,000 to the Plaintiff as lease deposit, the Defendant received delivery of the instant building, and used the first floor as kimchi manufacturing and selling stores, and the second floor as kimchi experience place.

C. However, the Defendant paid the Plaintiff a rent of KRW 1,80,000 on September 10, 2015, KRW 1,800,000 on October 22, 2015, KRW 1,800,000 on November 19, 2015, KRW 1,800,000 on February 6, 2016, and KRW 1,200,000 on April 11, 2016, and did not pay a rent of KRW 8,40,000 on April 11, 2016.

On November 30, 2016, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

2. Determination

A. According to the above facts of recognition as the cause of the claim, the instant lease agreement was terminated on November 30, 2016 when the Plaintiff’s declaration of termination reaches the Defendant. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. The defendant's simultaneous performance defense (1) is the defendant's assertion on July 2016.