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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:
Reasons
1. The scope of the judgment of this court is limited to the portion of the claim for rent and late payment, as the plaintiff claimed against the defendant for a total of KRW 18,951,50,000 under the sub-lease contract, and KRW 5 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
2. Judgment on the plaintiff's assertion
A. The facts of recognition (1) C and D leased the instant land to G as the owner of Seongdong-gu Seoul Metropolitan Government E, 327 square meters and F 742 square meters (hereinafter “instant land”), and G subleaseed the instant land to the Defendant.
(2) On October 30, 2014, the Plaintiff entered into a contract for the transfer and acquisition of the instant land between G and G with the purport that the Plaintiff will take over all of the sub-lease projects and projects incidental thereto. On October 31, 2014, the Plaintiff entered into a lease agreement with C and D on the instant land.
(3) On May 28, 2015, the Plaintiff concluded a sublease contract on the instant land with the Defendant, with the period from May 28, 2015 to 12 months from May 28, 2015, to 5 million won from the sublease deposit, and the monthly rent of KRW 1.8 million (value-added tax separate, and payment on 30 million from each month).
(4) The Defendant did not pay the rent of KRW 18,951,50 as of July 30, 2016 (i.e., the sum of the rent of KRW 18,000 from October 1, 2015 to July 30, 2016, plus the late payment charge of KRW 951,500,000,000,000,000) and the late payment charge.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings
B. (1) According to the above facts of recognition, with respect to the Plaintiff’s total of KRW 18,951,500 as of July 30, 2016 and the total of KRW 18,000,00,000,000 following the date following the date of the settlement of arrears, the Defendant has the duty to perform its duties from July 31, 2016, and from August 25, 2016, with respect to the total of KRW 951,500,000,000 following the date following the delivery of the complaint in this case.