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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.
Reasons
1. Basic facts
A. C around April 2013, as the lease deposit for both the Dongdaemun-gu Seoul Metropolitan Government D and E-ground stores (hereinafter “instant stores”) was insufficient, C borrowed money from the Plaintiff.
B. On April 22, 2013, the Plaintiff leased KRW 14 million to C with interest rate of KRW 500,000 per month, maturity of payment, September 22, 2013 (hereinafter “instant loan”), and as security for the instant loan, the name of the lessee of the instant store as the Plaintiff, and the rent was agreed to be paid by C.
C. Accordingly, on May 7, 2013, the Plaintiff entered into a lease agreement with F and the instant store with a term of KRW 25 million, KRW 1.6 million, and the term of lease from May 7, 2013 to May 6, 2015 (hereinafter “instant lease agreement”). The Plaintiff paid F the instant lease deposit amount of KRW 25 million, including the instant loan and C’s money.
C From May 7, 2013, from the store of this case, C operated the tea bank with the trade name “G” (hereinafter “instant tea bank”).
E. On April 27, 2015, when the Plaintiff was in arrears two or more times, F notified the Plaintiff of the termination of the instant lease agreement. Around April 27, 2015, F filed a lawsuit against the Plaintiff, the Defendant, and C seeking the delivery of the instant store, and received a favorable judgment on April 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that he sub-leases the instant store to the Defendant and C, and the Defendant, as the nominal owner of the instant multi-party sales report, has operated the instant multi-party as C, and thus, the Defendant is jointly and severally liable to pay the Plaintiff the rent for the instant lease contract.
Therefore, the Defendant paid to the Plaintiff KRW 22,140,00 in total and KRW 4,827,800 in unpaid rents or rents and KRW 26,967,80 in total.