Text
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. Facts of recognition;
A. On September 19, 2012, the Plaintiff entered into a lease contract with C, the Defendant’s husband, with the first and second floors (hereinafter “instant building”) from among the third floor buildings located in Da in YY-gu in the Jeonsan-si, Jeonju-si, with the lease deposit amount of KRW 10 million, monthly rent of KRW 1.2 million, monthly rent of KRW 1.2 million, and from September 19, 2012 to September 19, 2015 (hereinafter “instant lease contract”), and C agreed to additionally pay to the Plaintiff KRW 30,000 per month as the management fee.
B. On January 10, 2006, the Defendant, under the trade name, “BDDA” in the instant building, operated the business of the Korea-do Medical Institute after obtaining business registration under the name of the Defendant, and closed the said business on July 11, 2015.
C. Meanwhile, on November 10, 2014, the Plaintiff filed a lawsuit against C seeking payment of the instant building KRW 30,300,000 per month from November 4, 2014 to the completion date of delivery of the instant building due to the termination of the instant contract with the Jeonju District Court Decision 2014Da40253, Nov. 10, 2014 (including management expenses), and the said judgment rendered a favorable judgment that “C delivers the instant building to the Plaintiff; KRW 30,300,000; KRW 30,000 from November 4, 2014 to November 12, 2014 to the completion date of delivery of the instant building; and KRW 1230,00 per month from the said court rendered a final judgment to the said court; and the said judgment was rendered final and conclusive at the rate of KRW 1230,000,000 per month from the delivery of the instant building.”
(hereinafter referred to as “instant litigation”). [Ground of recognition] A without dispute, entry in Gap’s 1, 2, and Eul’s 7 and 8, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. The gist of the Plaintiff’s assertion 1) The Defendant is the party to the instant lease agreement. In other words, the Defendant entered into a contract with the Plaintiff on September 4, 2010 on the lease of the instant building with the Plaintiff, and operated the instant building with the trade name of “Bhando Private Teaching Institutes,” and the Plaintiff (the Plaintiff).