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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On December 22, 201, C agreed that “If the said commercial building (G building; hereinafter “instant commercial building”) and its site are located between F and five persons, a co-owner of the said commercial building D and E, the lessor may terminate the relevant contract immediately, without the lessor’s consent, by setting the lease term from July 31, 2012 to December 22, 2021.”
B. On August 6, 2012, C, with her husband H, established the Plaintiff, and subleted the instant commercial building under the name of the Plaintiff F and five other persons without the consent of the Plaintiff, and the Defendant, on August 29, 2014, lent the store No. 11 (hereinafter “instant store”) to KRW 30,000 (including value-added tax), one year from the date of the lease term contract, KRW 20,000,000,000 for lease deposit, KRW 1980,000 for rent (including value-added tax), management expenses, and KRW 30,000 [the details paid by the Defendant (including KRW 1.98,00 for rent, KRW 2.310,00 for each month)].
(hereinafter “The sub-lease of this case”). The sub-lease of this case is as follows.
Article 2 (1) The term of validity of a lease contract shall be one year from the date of the contract.
(2) If the lessor or lessee does not give written notice of his/her intention to terminate or modify the agreement one month prior to the expiration of the term, the lessor shall be deemed to have no intention to modify or extend the agreement and terminate the agreement upon the expiration of the term.
Article 10 (1) If the lessee has committed any act falling under any of the following subparagraphs, the lessor may immediately terminate the contract without any peremptory notice. (a) If the lessee has failed to pay the prescribed rents and expenses to the lessee for the amount of the three-time rents, then the lessor shall terminate the contract or renew the contract in order to recover the delinquent rents and charges.