1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Plaintiff’s assertion

On March 6, 2015, the Plaintiff entered into a lease agreement with C and the Defendant, without a deposit, to lease the instant real estate with a monthly rent of KRW 330,00,000 and six months of the lease period (hereinafter “instant lease agreement”). The Defendant did not pay KRW 330,000 monthly rent after December 6, 2015, and the Plaintiff did not deliver the instant real estate to the Plaintiff even after the said lease period expired, resulting in the Plaintiff’s loss of KRW 2,00,000 as the director’s expense and KRW 9,880,000 as the real estate brokerage fee.

In addition, the defendant did not move into the church building that the defendant would move in and suffered damages equivalent to the rent of KRW 300,000 per month.

Therefore, the defendant should pay the amount equivalent to the above rent and damages to the plaintiff.

On the premise that the Defendant is a lessee of the instant lease agreement, the Plaintiff filed a claim for rent payment and damages against the Defendant. Therefore, this paper examines the parties to the instant lease agreement.

There is no dispute between the parties as to the fact that the defendant has signed the contract of this case.

However, the following circumstances acknowledged by the purport of Gap evidence No. 4 and the entire argument, namely, ① the tenant column of the lease agreement of this case printed with the resident number and name of Eul in the fdong characters, and the real estate of this case seems to have been leased for the purpose of residence of Eul, ② the plaintiff filed a lawsuit against the defendant on December 14, 2016, before the plaintiff filed the lawsuit against the defendant, seeking payment of the building name map and rent amount under Seoul Northern District Court Decision 2016Da42418, the Seoul Northern District Court Decision 2016Da42418, which was before the plaintiff filed the lawsuit against the defendant. ③ The defendant's mother cannot be ruled out the possibility that C signed the lease agreement of this case on his behalf of the defendant 1928, and ④ the plaintiff's "the defendant was in arrears to the plaintiff until February 3, 2017.