1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part added by this court) is all dismissed.

3...

Basic Facts

On January 28, 2015, the Plaintiff entered into a commercial lease agreement with M Co., Ltd. (hereinafter referred to as “M”) stating that “the Plaintiff shall lease the commercial buildings listed in the attached list (hereinafter referred to as “instant commercial buildings”) to M as deposit money of KRW 20,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), and the term of lease from March 1, 2015 to March 1, 2016 (hereinafter referred to as “instant lease agreement”). Around that time, the Plaintiff received the above lease deposit of KRW 20,000,000 from M and then delivered the said commercial buildings to M.

The contract of the above lease is written by M as the lessee, and the defendant as the lessee's representative.

M From May 2015, from the beginning of this case’s commercial building, M did not delay the rent of KRW 28,600,000 in total until January 12, 2018.

Accordingly, on January 8, 2018, the Plaintiff sent to the Defendant and M a postal item proving that “The instant lease agreement was terminated due to the unpaid rent of M, and until January 22, 2018, the Plaintiff transferred the instant commercial building to the Plaintiff and changed the payment of delinquent rents” (Evidence A4), and around that time, the said postal item was served on the Defendant and M.

On January 12, 2018, the Defendant shall appoint the Defendant as the obligor and the Plaintiff as the obligee, and the Plaintiff shall pay the Plaintiff KRW 28,600,000,000,000 as of January 12, 2018, to the Plaintiff by February 1, 2018, on condition that when ordering the instant commercial building, the Plaintiff shall pay the amount excluding KRW 20,00,000,00,000.

“The debt certificate stating the content (hereinafter “instant debt certificate”) was prepared (Evidence 5). M paid the Plaintiff KRW 31,740,000 on April 3, 2018, and KRW 28,600,000 on June 1, 2018, and around May 31, 2018, “the total amount of the management fee for the instant commercial building incurred until the time” was paid to the said management office, and on June 4, 2018, M paid the management fee from the said management office until May 31, 2018.