1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. According to the records of this case as to the legitimacy of an appeal for subsequent completion, the court of first instance may recognize the fact that the court of first instance rendered a judgment citing the Plaintiff’s claim on May 14, 2015 after serving a notice of the complaint of this case and the date of pleading by public notice to the Defendant, and served the Defendant by means of service by public notice, and thereafter, the Defendant becomes aware of the judgment of the first instance court around August 3, 2016.

According to the above facts, the defendant was unable to observe the period of appeal, which is a peremptory term, due to the defendant's failure to know the progress and result of the lawsuit in this case for reasons not attributable to himself

Therefore, the appeal of this case filed on August 10, 2016, which was not more than two weeks from August 3, 2016, when the defendant became aware of the fact that the judgment of the first instance was served by public notice was served by public notice, is a legitimate appeal that satisfies the requirements for subsequent completion of the litigation, as it was filed within the lawful appeal period.

2. Judgment on the merits

A. The facts of recognition (1) The lease contract (hereinafter “the first contract”) that the Plaintiff leased to the Defendant, which was written in the name of the Plaintiff and the Defendant around June 29, 2009, was signed and sealed by the Plaintiff and the Defendant, and E signed and sealed as the Defendant’s agent, on June 29, 2009, on the deposit amount of KRW 30 million, KRW 370 million per month (payment on July 2009), and from July 20, 2009 to July 19, 2010.

Since then, the lease period of the instant real estate was extended to July 19, 201, and the remainder was written in the name of the Plaintiff and the Defendant around July 11, 2010 by the same lease contract (hereinafter “instant second lease contract”) as the instant first lease contract. The Defendant’s mother, the Defendant’s mother, signed as the Defendant’s agent.

(2) Each letter, including the fact that Defendant and C did not pay part of the rent under the instant secondary contract, extends over the third column around October 30, 2012, around December 12, 2012, and around March 29, 2014.