기타(금전)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Basic facts: (a) on March 2, 2010, the Plaintiff entered into a lease agreement that leases four lots of land, including the area of 90,540 square meters (hereinafter “instant real estate”) prior to Bocheon-si D (hereinafter “instant real estate”), with the lease term from March 2, 2010 to the time when the leased object is sold; (b) annual rent of KRW 1 million.
(hereinafter “instant lease agreement”). On December 26, 201, the Plaintiff entered into a sublease contract with the Defendant, setting the lease term from January 1, 2012 to December 31, 2017, and the rent from 2013 to 3 million won per annum (one million won per annum at the time of the contract, two million won per annum as of January 1, 2013, which is one year after the contract date, and the rent for the remainder of the contract shall be paid in advance, and three million won per annum as of January 1, 2013, which is one year after the contract date.).
(hereinafter “instant sublease contract”). The Defendant paid to the Plaintiff KRW 3 million each of the annual rent of 2013 and 2014 pursuant to the instant sublease contract.
On the other hand, on December 30, 2012, the Defendant entered into a lease agreement with C, the owner of the instant real estate, under which the term of lease was from December 30, 2012 to December 30, 2018, and three million won per annum (one million won per annum when a contract is concluded, and three million won per annum is paid in advance on December 30, 2013, which is after one year from the contract date. The remaining term of lease was divided by one year on December 30, 201, and three million won per annum.).
(hereinafter “The instant separate lease agreement”). Under the instant separate lease agreement, the Defendant paid C’s agent KRW 3 million each of the rents from 2015 to 2018, in total, KRW 12 million.
The Defendant occupied and used the instant real estate from the time of entering into the instant sub-lease contract to the present time.
[Reasons for Recognition] Fact-finding, Gap evidence 2-1, Eul evidence 2-1, Eul evidence 1, and summary of the parties' assertion of the whole argument, the sub-lease contract of this case is renewed.