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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On January 2, 2013, the Defendant calculated the lease deposit amount of KRW 1.5 billion for the employees, restaurants, outpatients, patient restaurants, and convenience facilities of KRW 1.5 billion for each location of the pertinent medical corporation (hereinafter “D hospital”) operated by the medical corporation C (hereinafter “the medical corporation of this case”), and the Defendant and the medical corporation of this case calculated the lease deposit amount of KRW 1.5 billion for each location, based on the total sum of the lease deposit amount of KRW 1.5 billion for employees, general restaurants, patients restaurants, and convenience facilities of KRW 1.5 billion for the first floor.
(See Evidence No. 4 and Evidence No. 15 (see, e.g., Evidence No. 15)., monthly rent of KRW 10 million, lease period from February 1, 2013 to January 31, 2018 (hereinafter “instant lease contract”). With respect to the payment of the said lease deposit between the medical corporation of this case and the medical corporation of this case, the Defendant replaced the said lease deposit amount with KRW 150 million, which was paid in advance to the medical corporation of this case on December 27, 2012, the Defendant agreed to pay the remainder of the lease deposit with KRW 1,350,000,000 by January 31, 2013. The remainder of the lease deposit was extended by the deadline of KRW 1,350,000,000 by December 6, 2013.
B. On January 24, 2013, A Co., Ltd. (hereinafter “Rehabilitation debtor”) made a sub-lease from the Defendant to the end of March 1, 2013, with the term “the first floor convenience facilities” of D Hospital KRW 550 million, monthly rent of KRW 12 million, and the sub-lease period from March 1, 2013 to December 31, 2016; hereinafter “instant sub-lease contract”).
With respect to the payment of the above sub-lease deposit between the Defendant and the Defendant, the first down payment of KRW 30 million on the date of the sub-lease contract of this case, KRW 25 million on January 29, 2013, and KRW 170 million on January 31, 2013, and the second down payment of KRW 25 million on January 31, 2013 (the delivery of the lessor and simultaneous performance), and the delivery date of convenience facilities of KRW 225 million on February 28, 2013, and KRW 50 million on March 31, 2013.