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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. Facts of recognition;
A. The Plaintiff is a person who runs the business of supplying automobile parts with the trade name “G” from Seosan City, and the Defendant is a corporation that operated the automobile maintenance plant on the land outside Seosan City and four parcels.
B. On May 29, 2006, the Defendant leased the said automobile maintenance factory operated by the Defendant to C with the deposit amount of KRW 250,000,000, monthly rent of KRW 10,000,000, and the lease period of May 29, 2006 to May 28, 201. At the time of the conclusion of the said lease agreement, the Defendant and C agreed to the following special terms:
Matters of special agreement
1. The defendant is operating.
It shall be calculated by including the total amount of outstanding parts generated as a security deposit, and it shall be refunded to C at the end of the contract later.
2. As specified in this Agreement, C bears the responsibility of KRW 12,864,940, which is the outstanding amount of the part before May 27, 2006 (the outstanding amount against the Plaintiff, KRW 34,646,362), and the Defendant pays KRW 12,864,940,000, which is the remainder, to C.
C. On April 17, 2008, prior to the expiration of the above lease term, C transferred the lessee status to E under the above lease term, and on the same day, the Defendant concluded a special agreement with E as follows, setting the said automobile maintenance factory as KRW 280,000,000, monthly rent of KRW 9,000,000, and the lease term from April 17, 2008 to April 17, 2013.
Matters of special agreement
1. The defendant is operating at an early stage.
Of the total amount of the outstanding amount of the part incurred (the outstanding amount for the plaintiff out of the total amount of KRW 109,020,700) shall be calculated by including it as a security deposit, and it shall be refunded to E in addition to the security deposit at the end of the contract later.
From around May 28, 2004, the Plaintiff supplied the automobile parts to the Defendant from around May 28, 2006, which was before the Defendant leased the automobile maintenance plant to C, and possessed the claim for the purchase price of the automobile parts of KRW 34,646,362 (hereinafter “the outstanding amount”).
In relation to this, the defendant on 208.