1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. The Defendant is obligated to pay the Plaintiff the overdue rent of KRW 4,100,00, value-added tax of KRW 3,90,000, value-added tax of KRW 933,300, water rate of KRW 2,222,460, urban gas charges of KRW 1,854,580, environmental improvement charges of KRW 200,00, and KRW 100,000, and the cleaning cost of septic tanks of KRW 13,310,340, and delay damages therefrom.

B. The Defendant lent KRW 20 million to Defendant C as a rental deposit for a restaurant and was leased from the Plaintiff to receive the said money. However, the Plaintiff leased the said money to C again and discarded the lease with the Defendant.

2. Facts of recognition;

A. On July 8, 2008, the Defendant lent 20 million won as rental deposit to C on a restaurant.

B. On November 9, 2008, the Plaintiff leased the first floor of the building D located in Nam-gu Incheon Metropolitan City (hereinafter “instant store”) to the Defendant as the lease period from November 10 to 24, 2008, the deposit amount of KRW 10 million, and the rent of KRW 80,000,000 per month (excluding value-added tax).

(hereinafter “instant lease”). C.

On November 10, 2008, the Plaintiff leased the instant store to C as the lease period from November 10, 2008 to December 24, 2008, the deposit amount of KRW 10 million, and KRW 800,000 per rent (excluding value-added tax).

C On November 21, 2008, the instant store opened a general restaurant with the trade name “E”, and closed on July 30, 2012.

[Grounds for Recognition] Gap evidence 5, Eul evidence 1 to 4, Eul evidence 8, Eul witness Eul's testimony

3. On November 10, 2008, the following day after the Plaintiff’s lease of this case, the Plaintiff could not implement the instant lease to the Defendant by newly leasing the instant store to C. Thus, the instant lease was implicitly rescinded on November 10, 2008.

Therefore, the plaintiff's assertion is without merit.

4. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.