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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
[Claim]
Reasons
Basic Facts
A. The Plaintiff is a corporation that provides support for rental housing through a sublease contract to a tenant who is a person eligible for support after concluding a lease contract with the housing owner for residential stability of the disadvantaged class.
B. On May 12, 2016 between B and B, the Plaintiff and the Defendant concluded a lease lease agreement with respect to the foregoing house D (hereinafter “instant house”) with respect to the period of light-wise C building D (hereinafter “instant house”), with a view to determining the deposit amount of KRW 70 million, monthly rent of KRW 500,000, and the lease period of KRW 500,000 from May 27, 2016 to May 26, 2018. The Plaintiff and the Defendant paid KRW 65,00,000 out of the deposit amount of KRW 5,00,000 and monthly rent of KRW 5,00,000 to be paid by the Plaintiff and the Defendant, who are eligible to receive the deposit of KRW 65,00,00,000, respectively, according to the instant contract.
C. On the other hand, the Plaintiff and the Defendant on the same day entered into a lease agreement on the leased housing (hereinafter “instant second contract”) with the following terms and conditions as to the instant housing.
The basic charges of occupants on May 27, 2016: 3,500,000 won: the basic charges for occupants on May 12, 2016: 1,50,000 won: (a) the Defendant shall pay the owner of the indicated house within the payment deadline of the basic charges, and if any, the additional charges shall be paid to the Plaintiff within the payment deadline.
Provided, That if the consent of the plaintiff is obtained, it may be paid to the owner of the display house.
The Defendant fails to pay the owner of the indicated house within the payment deadline, and thus the Plaintiff and the owner of the indicated house are obliged to pay all damages and penalties arising from the termination of the lease contract.