임차료등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 2, 2015, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant real estate”); (b) on September 2, 2015, the Plaintiff agreed that the lessee’s name at D’s request, the representative of the non-party company, shall be the Defendant of D, with the lease deposit amount of KRW 300,000 from September 1, 2015 to December 30 of the same year; (c) the lease deposit of KRW 300,000 (Provided, That a mortgage is created on the real estate of the non-party company); and (d) monthly rent of KRW 45,00,000 (excluding value-added tax) (hereinafter “instant lease agreement”); and (d) the lessee’s name at D’s request, the representative of the non-party company, shall be the Defendant of D’s friendship.
[Reasons for Recognition] The written evidence Nos. 1 and 2, the witness D's testimony, the purport of the whole pleadings
2. The plaintiff's assertion shall pay 162,602,839 won unpaid rents and management expenses under the instant lease agreement to the plaintiff.
3. In light of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence, Gap evidence Nos. 4 through 9, Eul evidence Nos. 1 through 4 (including paper numbers), and the overall purport of the pleadings, the defendant is merely a person who lends the lessee’s name and business registration name to the non-party company, and the plaintiff was aware of such circumstances. Thus, the claim of this case against the defendant for the unpaid rent and management fee under the lease agreement of this case is without merit.
① The Plaintiff previously leased the instant real estate to E (hereinafter “E”), but the Plaintiff agreed to deliver and withdraw the instant real estate to the Plaintiff by August 28, 2015, and concluded a short-term lease agreement with the Plaintiff as of August 29, 2015, the former representative D, as of December 30, 2015, and voluntarily deliver the instant real estate without requiring extension when the contract expires.