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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On November 16, 2018, C, the representative director of the Plaintiff Company, entered into a contract between the Defendant and the Defendant on behalf of the Plaintiff on the lease deposit amount of KRW 10 million, monthly rent of KRW 900,000,000, monthly rent of KRW 900,000, and the lease term of KRW 16,000,000,000 from November 16, 2018 to July 31, 2020.
(hereinafter “instant lease agreement”). B.
After that, around November 23, 2018, the representative director of the Plaintiff Company was changed from C to F, and the registration of change was completed on December 3, 2018.
C. On December 13, 2018, according to the instant lease agreement, the Plaintiff paid KRW 10 million to the Defendant from the Plaintiff’s corporate account under the name of “A Gyeonggi Branch.”
Around February 27, 2019, the Defendant agreed to terminate the instant lease agreement with the Plaintiff as the lessee, and to substitute the instant commercial building for KRW 10 million for the lease deposit, KRW 900,000,000,000 for monthly rent, and KRW 10,000 from February 28, 2019 to February 27, 2020 when concluding a lease agreement with the Plaintiff to lease the commercial building of this case to a third party.
E. On April 5, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the instant commercial building was leased twice to C without notifying the Plaintiff, and the said notification reached the Defendant on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, 11 and 15 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, C had resigned from the representative director of the Plaintiff Company on November 23, 2018, and C, around February 27, 2019, asserted that the Defendant terminated the instant lease agreement, is entitled to terminate the instant lease contract on behalf of the Plaintiff.