임대료 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 2012, the Plaintiff leased a 485 square meter wide-gu Seoul Metropolitan City, Sungnam-si, and operated the said Deputy Director (hereinafter “the instant Deputy Director”) with the lessor’s consent, and entered into a sub-lease contract with the Defendant, setting the deposit amount of KRW 100 million and monthly rent of KRW 2 million (hereinafter “the instant sub-lease contract”).
B. The Defendant paid only KRW 30 million out of the deposit KRW 100 million as stipulated in the instant sub-lease contract to the Plaintiff on November 201, 2012, and the remainder of the sub-lease deposit that was to be paid by April 2013 was not paid to the Plaintiff KRW 70 million.
C. On July 2014, the Plaintiff filed a lawsuit against the Defendant claiming the delivery of the instant sub-lease contract by asserting that the instant sub-lease contract was terminated on the grounds of the non-payment of the deposit for sub-lease, and the first instance court rendered a judgment in favor of the Plaintiff to deliver the instant sub-lease KRW 30 million with the receipt and repayment of the deposit deposit at the first instance court, and the said judgment became final and conclusive as it was by dismissal of the Defendant’s appeal.
(hereinafter “Related Cases”) D.
On January 22, 2016, the Defendant delivered the instant third secretary general to the Plaintiff. Until transferring the third secretary general of the instant sub-lease, all the rents prescribed in the instant sub-lease agreement were paid. From May 2013 to January 22, 2016, the Defendant additionally paid KRW 500,000 per month to the Plaintiff, in addition to rents, from May 2013 to January 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 7, 9, Eul evidence 9-1, Eul evidence 15, Eul evidence 16-1, Eul evidence 17, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Defendant did not pay KRW 70 million out of the deposit for sub-lease and occupied and used the instant Deputy Director by January 22, 2016. As such, the Plaintiff asserted against the Defendant (i) from the time the instant sub-lease contract was concluded to the date of termination of the instant sub-lease contract.