1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From January 1, 2016 to December 31, 2016, the Plaintiff leased the instant charging station from C to facilities, such as the building and machinery, equipment, etc. necessary for its operation. The Defendant is a corporation operating the instant charging station from January 1, 2017 to C, and the Defendant leased the instant charging station building and facilities from C.

B. On December 31, 2016, the Defendant prepared and rendered to the Plaintiff on December 31, 2016 a joint appearance (Evidence 2) stating “The gas residues amounting to KRW 9.9.9%, KRW 3.319 tons, KRW 1,140, KRW 3,783,660, KRW 9,000,” to the Plaintiff.

C. On December 31, 2016, the Plaintiff prepared and sent to C a written confirmation (Evidence 1) stating that “The Plaintiff shall settle the gas residues after the completion of the inspection, such as a string machine, power generator, raina, charging machine (3 and 4), mechanical storage channel, and accelerator cleaning machine. In short, deposit (additional settlement) shall be made.”

On February 6, 2017, the Defendant paid to the Plaintiff KRW 54,190 (the amount after deducting the Plaintiff’s overdue water supply, etc. from KRW 90,000) under the name of the cleaning guide, and paid KRW 3,493,690 under the name of the gas residual acquisition price (the amount excluding the penalty tax, etc. from KRW 3,783,660) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant, a new lessee of the instant charging station, purchased the gas residues in December 31, 2016, which remains in the instant charging station from the Plaintiff, an existing lessee, and the Defendant is obligated to pay the Plaintiff KRW 3,783,660 of the purchase price of the said gas residues.

As to this, the defendant purchased gas residues of this case from lessor C and has already paid the price to C, and the plaintiff and the defendant.