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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On October 25, 2010, Plaintiff A leased the lease deposit of KRW 100,000,000, monthly rent of KRW 5,500,000 (including management expenses, separate value added tax), and from December 1, 2010 to November 30, 2012, Plaintiff B operated “G private teaching institute” in the instant building under the name of Plaintiff A’s wife and one’s own wife and F.
B. On May 1, 2012, Plaintiff A, with D’s consent, sub-leaseed 10 square meters of the instant building (hereinafter “the instant sub-lease”) to the Defendant by setting the rent of KRW 3,000,000 per month (payment on the last day of each month) and the sublease period from May 1, 2012 to November 30, 2012 without a sub-lease deposit, and the Defendant operated “H English Private Teaching Institutes” in the instant sub-lease part.
C. From August 2012, the Defendant did not appear in the instant sub-lease. On September 14, 2012, the Defendant sent to the Plaintiffs a written statement proving that “I, on September 30, 2012, it is difficult to maintain the lease contract any longer due to unavoidable personal circumstances, and thus, notification of termination of the contract is posted to the Plaintiffs on September 30, 2012. The sending of this certificate would be clear that I would make each other express each other’s expression in writing, and I understand it with the intention of understanding in writing. I will audit.”
In operating the English Private Teaching Institutes in the instant sub-lease section, the Defendant delayed payment of KRW 2,104,00,000 in the aggregate of the I’s salaries, who served as an instructor, on July 2012 and August 2012, and the Plaintiff B paid KRW 1,50,000 out of the paid in arrears to I on May 4, 2015.
E. On July 2, 2015, the Defendant remitted KRW 200,000 to Plaintiff B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. (1) The Plaintiff A’s sub-lease part of the instant sub-lease.