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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On March 9, 2004, the Plaintiff drafted a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the attached real estate indicated on the real estate indicated on the Plaintiff’s ownership (hereinafter “instant store”) with the content that the lease deposit amount is KRW 5,00,000, KRW 400,000 per month (the nine day of payment each month), and the lease term is set from March 9, 2004 to March 8, 2005.
B. The store of this case is located in the D fishery market, and the defendant is the representative of the above D fishery market.
C. At the instant store, E, from March 17, 2004 to March 2005, in the name of F, and from April 2005, G, upon delivery of E’s place of business from April 2005, operated the active fish sales business from July 2012 (However, G, around December 6, 2007, reported the business as H’s trade name). At the time when E and G start the business at the instant store, the Defendant lent KRW 5,000,000, which is equivalent to each of the lease deposits, to the Plaintiff, and received monthly payment from E and delivered it to the Plaintiff.
Although the store of this case was a public room from August 1, 2012, the Defendant concluded a lease contract with respect to C and the store of this case with a lease deposit of KRW 1,000,000,000 per month, monthly rent of KRW 400,000 per month, and from April 1, 2014 to March 31, 2015, and thereafter C has occupied and used the store of this case since that time.
E. On August 26, 2015, after the filing of the instant lawsuit, the Plaintiff entered into a separate lease agreement with C on August 26, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1-4, 6-9, 12, 14-16 evidence, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant lease agreement was implicitly renewed. From May 2007, the Defendant paid to the Plaintiff only KRW 13,800,000 out of KRW 39,20,000 for 98 months, which was served on the Defendant from July 2, 2015 (=40,000 x 98 months).