1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 2015, the Plaintiff entered into a temporary re-lease agreement with C, which operated B (hereinafter “instant lease agreement”) and handed over the temporary materials as follows.

The period of lease: The place of delivery from December 30, 2015 to February 29, 2016: The method of payment of the price for Diplomatic Association: 50% after the establishment of the Diplomatic Association, 40% after the last permanent establishment, and 10% after the non-interscale dissolution, in principle, the price shall be paid.

B. On December 22, 2015, the Defendant: (a) agreed to pay the Plaintiff rent under the instant lease agreement; (b) drafted and delivered a written statement of non-performance as follows.

B and E shall claim for temporary re-lease rent through B for the temporary re-lease rent, and consent to the direct payment of E by deducting the temporary re-lease rent at the time of payment for the completed portion in B.

C. Around June 2016, the Plaintiff sent to the Defendant a proof of the content of seeking the payment of rent equivalent to KRW 8,151,000 for unpaid rent (including value-added tax) by February 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, the purport of whole pleadings

2. Determination as to the cause of action

A. In light of the Plaintiff’s assertion of the special terms and conditions of the instant lease agreement and the Defendant’s written consent for direct payment, the Defendant is obligated to pay the Plaintiff rent under the instant lease agreement.

The Plaintiff was not paid KRW 17,00,000, totaling KRW 7,410,000 (excluding value-added tax) and KRW 9,662,00,000, which was additionally incurred after the term of the instant lease agreement (= KRW 7,410,000, KRW 9,662,000).

Therefore, the defendant shall pay the above rent and damages for delay to the plaintiff.

B. According to the evidence Nos. 1 and 2 of the judgment of the court below, the defendant is against the plaintiff.