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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revocation is dismissed.
2.
Reasons
1. Basic facts
A. On October 11, 2017, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant and C on the condition that the E in Yangju City (hereinafter referred to as “instant store”) shall be KRW 50 million, monthly for the 12-month first, monthly for the 3.5 million, monthly for the remainder 12-month, monthly for the 3.5 million ( separate value-added tax) and October 24, 2017 for the period from October 24, 2017 to October 24, 2019. On October 24, 2017, the Defendant paid KRW 5 million to the Plaintiff as the down payment.
B. After that, the Plaintiff entered into a lease agreement that leases the instant store to F and G around March 2018, and around April 24, 2018, delivered the instant store to the said lessee.
[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) concluded the instant lease agreement with the Defendant, and the Defendant did not pay the Plaintiff rent, despite having delivered the instant store to the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 2,310,000,00 (=the monthly rent of KRW 3850,000,000,000,000,000 from October 24, 2017 to April 23, 2018, which is the starting date of the lease agreement (=the monthly rent of KRW 3855,00,000,00
(2) The Defendant’s assertion (A) the non-performance of the terms of suspension: The instant lease agreement was concluded on the condition that the Defendant, the lessee, and C, obtained the designation of a tobacco retailer, who is qualified to sell tobacco at the instant store from the two main markets. Since the Defendant and C were notified by the two main markets on November 21, 2017 of the non-designation of the designation of a tobacco retailer, the instant lease agreement is null and void as the condition of suspension is not fulfilled.
(B) The assertion that the instant store was not delivered: the Defendant did not object to the Plaintiff.