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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On July 23, 2014, the Plaintiff entered into a lease agreement with the Defendant setting the lease deposit amount of 20 million won, monthly rent of 250,000 won, and from July 30, 2014 to July 30, 2015, with the lease agreement between the Defendant and the second floor D located in Seo-gu, Busan (hereinafter “instant house”).
B. At the time of concluding the aforementioned lease agreement, the Plaintiff paid 12.5 million won out of the lease deposit to the Defendant, and paid the remainder 7.5 million won by July 31, 2014. However, the Plaintiff did not pay the remainder 4.5 million won in remitting KRW 3 million on July 31, 2014.
C. On September 30, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant housing as well as KRW 15 million, monthly rent 290,000,000 (which shall be paid in advance on the 30th day of each month), and the term of the lease was the same as that of the transfer, and entered into a lease agreement again (hereinafter “instant lease agreement”). The lease agreement date was retroactively written on July 30, 2014.
Plaintiff
In addition, at the time of the instant lease agreement, the Defendant specified the rent for August 2014 and September 2014 in the lease agreement that was paid in advance. On October 2014 and November 2014, the rent for KRW 15.5 million that was already paid and the rent for KRW 15 million that was newly determined and KRW 5 million that was the difference between the deposit and the deposit for KRW 15 million that was newly determined.
E. The Plaintiff did not pay a rent from December 1, 2014. Around March 2015, the Plaintiff sublet the instant house to E with a deposit of KRW 10 million and monthly rent of KRW 300,000 without obtaining the Defendant’s permission.
F. Meanwhile, E is residing in the instant house until now, and the Plaintiff demanded the Defendant to pay the said money by requiring five million won to show E residing in the instant house, on October 15, 2015. The Defendant believed this horse and returned five million won out of the deposit to the Plaintiff.
G. The instant lease agreement is the Plaintiff’s delinquency in rent.