1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion and judgment

A. On March 20, 2012, the Plaintiff: (a) leased one massageman to the Defendant; (b) paid rent of KRW 1,831,500 in installments by KRW 49,500 each month for 37 months; and (c) on the termination of the lease agreement, the Plaintiff agreed to pay the lost fee when the Defendant did not return the massageer.

(hereinafter “instant agreement”). However, from April 5, 2012 to October 5, 2012, the Defendant paid only the rent of KRW 346,500 for seven months from October 5, 2012, and did not pay any subsequent rent. Accordingly, even if the instant agreement had been terminated, the said Mapo did not return it until now.

Therefore, the Defendant is obligated to pay the Plaintiff the loss charge of KRW 1,301,850 and the delay damages pursuant to the instant agreement.

B. The Plaintiff’s evidence No. 2 (a written confirmation of the establishment) appears to have been concluded between the Plaintiff and the Defendant as to whether the instant agreement was concluded, cannot be considered as evidence because there is no evidence to acknowledge the establishment of the said agreement, and it is not sufficient to acknowledge the same only with the statement of the evidence No. 1 and No. 4, and there is no other evidence to acknowledge that the instant agreement was concluded between the Plaintiff and the Defendant. Thus, the Plaintiff’s assertion is without merit without need to further examine.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.