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.

Basic Facts

The Plaintiff is a non-profit corporation established pursuant to the Private School Act, and is the owner of Pdcot 90.3 (hereinafter “instant Pdcot”) among the two floors of Dongdaemun-gu Seoul Metropolitan Government and fire extinguishing machine center, which are located in the building of the D Hospital operated by himself/herself, and the Defendant was dissolved as a dormant company pursuant to Article 520-2(1) of the Commercial Act on December 3, 2018, when he/she worked as a inside director and representative director of the E Co., Ltd. (hereinafter “E”) from June 18, 2013 to October 8, 2013.

Until now, F's in-house director and representative director were employed.

Around June 2008, the Plaintiff entered into a lease agreement with E (hereinafter “the first lease agreement”) with regard to the instant Food Cot by setting the lease deposit amount of KRW 300 million, monthly rent of KRW 13 million, and the lease agreement between June 15, 2008 and June 30, 2012 (hereinafter “the first lease agreement”).

Around June 2012, the time when the first lease contract was terminated, the Plaintiff entered into a lease agreement (hereinafter “second lease agreement”) with E with regard to the instant Pitcot by setting the lease deposit amount of KRW 150 million per month, KRW 150 million per month, KRW 15 million per month, and the lease term from July 1, 2012 to June 30, 2017.

On September 2013, the Plaintiff determined as KRW 150,000,000 for lease deposit and KRW 150,000 for the month of rent (excluding additional tax and management expenses), and the lessee shall change from the previous E to F, the time of the lease period shall be September 10, 2013, which is the opening date of the business under the F’s business registration certificate, and the termination period shall be set again as June 30, 2017, which is the same as the second lease contract.

AB concluded the agreement.

The plaintiff in the related litigation seeks to pay rent, etc. from F in accordance with the first or third lease contract.