The monetary payment claim part of the judgment of the court of first instance concerning the principal lawsuit shall be included in the claim modified by this court.

Basic Facts

The reasons for this part are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the judgment on the claim of the principal suit is as stated in Paragraph 2 of the judgment of the first instance except for the modification of part of the judgment of the first instance as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 8th parallel 5 to 9th parallel 10 pages shall be followed as follows:

A. The gist of the Plaintiff’s assertion 1) The instant lease agreement was automatically terminated according to the instant performance memorandum and the instant additional performance memorandum due to the failure to pay KRW 200 million among the security deposit of Defendant B and C.

2) Defendant D jointly and severally guaranteed the obligation of Defendant B and C, a lessee under the instant lease agreement, to the Plaintiff, etc. according to the instant performance memorandum. Accordingly, Defendant B and C, a lessee, are obligated to deliver the instant real estate to the Plaintiff.

4) In addition, Defendant B and C, a lessee, are jointly and severally liable to pay to the Plaintiff the rent of KRW 47,300,000 per month as stipulated in the instant lease agreement (including value-added tax) prior to the termination of the instant lease agreement. As to the rent in arrears, Defendant D, a lessee, is obligated to pay compensation for delay calculated at the rate of 24% per annum within the scope stipulated in Article 6(2) of the instant lease agreement, and is obliged to pay the amount of delinquent local taxes and the amount of delinquent local taxes and KRW 9,075,010 per annum. From the termination of the instant lease agreement until the completion of delivery of the instant real estate, Defendant D, a joint and several surety, is liable to pay the Plaintiff damages equivalent to three times the ordinary rent (hereinafter “delivery pension”).

Among them, the defendants are jointly and severally liable to pay the amount for which the plaintiff seeks reduction. The plaintiff is delivered the real estate of this case to the plaintiff by provisional execution of the judgment of the first instance.