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The part against the defendant in the judgment of the first instance, including amendments and additional selective claims, is as follows.
Reasons
1. Basic facts
A. On September 20, 2017, the Defendant concluded a lease contract with Codefendant C (hereinafter “C”) listed in the separate sheet (hereinafter “instant building”) on the lease deposit amount of KRW 50,00,000, monthly rent of KRW 14,000, and monthly rent of KRW 200,000, monthly rent of KRW 20, and the lease period of KRW 100,000 from September 20, 2017 to September 19, 202. As special terms and conditions, C transferred the instant building on September 20, 2017, and constructed the relevant remodeling project. From September 20, 2017 to December 31, 2017, the rent of KRW 10,000 from September 20, 201 to October 30, 2018; and from October 1, 2018 to August 10, 2018; and
(B) The above contract is “the instant lease agreement.” In fact, D, the husband of the instant lease agreement, etc. appears to have performed the instant contract on behalf of C.
Since then, the Defendant exempted C from monthly rent up to March 2018 due to the delay in remodeling construction for the instant building.
C. On May 18, 2018, with the consent of the Defendant, C concluded a sub-lease contract with the Plaintiff on the following terms: (a) annual rent of 170,000,000 and the sublease period from July 15, 2018 to December 30, 202 without the sub-lease deposit; (b) annual rent of 1,00,000 among annual rent of 1,00,000 and annual rent of 70,000,000 won was paid as the down payment on the date of the contract; and (c) annual rent of 1,00,000,000 won was paid until June 30, 2018 (hereinafter “sub-lease contract”). The sub-lease contract of this case includes the following special terms and conditions.
[Matters of Special Agreement]
3. The lessor (C) must complete the construction project until June 30, 2018, and the contract shall be automatically terminated and the down payment shall immediately be made to the lessee when the construction project is not completed even after July 15, 2018.