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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that from May 1, 2009, leased a building A, Dong and Dong building in Sinsi City C from Otod Co., Ltd. from May 1, 2009 to engage in the automobile maintenance business, etc. at that place.
B. From November 1, 2009, the Plaintiff: (a) lent part of the Defendant’s two-story offices and toilets (hereinafter “instant factory”) to the Defendant, from November 1, 2009, including the Defendant’s two-story offices and toilets (hereinafter “instant factory”); and (b) the Defendant’s husband-E, the actual business owner of the instant building, operated the automobile maintenance shop in the name of “B” at the instant factory.
C. From November 1, 201, the Plaintiff entered into a sublease contract with the Defendant with the consent of the building owner, and around April 30, 2012, the period of lease was from May 1, 2012 to April 30, 2014 (two years), the lease deposit was KRW 60,000, and the rent was KRW 8,000,00 (in addition, the additional tax was set: the fifth day of the following month; the payment period was set at KRW 7,00,000,000 (in addition, the additional tax was set at KRW 5,00,000) by mutual adjustment from October 201).
(However, the actual date of the above 1 contract is September 30, 2012). D.
Since then, around April 2013, the period of lease of the first contract, the defendant and E requested the plaintiff to enter into the first contract to convert the automobile maintenance business from the individual businessman to the stock company.
E. On May 1, 2013, the Plaintiff concluded a lease agreement with the representative director A of Co-Defendant B, Ltd., Co-Defendant B, Ltd., for the instant factory, as stipulated in the lease agreement (hereinafter “second agreement”) between May 1, 2013 and April 30, 2014, for a period of one year from May 1, 2013 to April 30, 2014, and two years from rent lease.
The second contract was made with the same content as the first contract except for the term of lease.
F. The defendant