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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
Reasons
1. Basic facts
A. On October 27, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40,000,000 for the building of a factory located in Kimpo-si and D (hereinafter “instant factory”), KRW 40,000 for the rent month, KRW 4,000,000 for the rent period, and KRW 4,000 for the rent period from December 10, 2012 to December 9, 2014. Around that time, the Plaintiff paid the Defendant KRW 40,00,00 for the lease deposit.
B. On December 8, 2014, the Plaintiff and the Defendant concluded a new lease agreement with the content that the lease term is extended from December 10, 2014 to December 9, 2016.
C. Meanwhile, on July 1, 2015, while operating the instant factory as a personal business, the Plaintiff established a “stock company E” that mainly runs steel and steel retail business with the location of its main office as the main office, and was appointed as the representative director.
In order to reflect the conversion of the Plaintiff’s business into the corporation, the Plaintiff and the Defendant concluded a new lease agreement with the content that the name of the lessee was changed from the Plaintiff to E on July 10, 2015.
E. On June 25, 2016, Company E transferred the instant factory to the Defendant and transferred it to a new factory.
【Ground of recognition】 The fact that there is no dispute, Gap1-1-2, 2, 3, and Eul 1-1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the lease contract for the instant factory was concluded between the Defendant and the Defendant on or around January 2016 on the premise of the relocation to a new factory. As such, the Defendant is obligated to refund to the Plaintiff the remainder of KRW 20,000,000 after deducting the lease deposit amount of KRW 40,000 (=4,00,000 x 5 months (from February 2, 2016 to June 2016) from the remainder of KRW 20,000,000, and damages for delay.
B. According to the fact of the above recognition, the parties to the above lease agreement on July 10, 2015, upon the change of the lessee’s name, are not the Plaintiff but the corporation.