beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts that on May 22, 2013, the plaintiff himself concluded a temporary re-lease of KRW 17,765,00 (including value-added tax) with the defendant on a total rent of KRW 17,765,00 (including value-added tax) and then leased the temporary property to the defendant on the date of the contract. However, the defendant did not pay the remainder rent of KRW 12,765,00 even after using the temporary property, so the defendant is liable to pay the above unpaid rent and damages for delay.
In this regard, the defendant asserts that the defendant does not have any obligation to pay that the plaintiff is a temporary building since the plaintiff did not have a contract for temporary re-lease with the plaintiff and the F who entered into a subcontract with the plaintiff only entered into a temporary re-lease contract with the plaintiff.
2. As to whether the Defendant entered into a temporary re-lease agreement with the Plaintiff on May 22, 2013, based on the following: (a) evidence Nos. 1, 5 through 9 (including a serial number; hereinafter the same shall apply); and (b) evidence Nos. 11; and (c) witness G’s testimony, the Plaintiff issued a tax invoice of KRW 16,150,000, tax amount of KRW 1,615,000, and tax amount of KRW 16,615,00 on May 22, 2013 with the Plaintiff as “supplier”; (b) written documents, such as the details of transactions, lease status list, request list, shipping certificate, etc. prepared by the Plaintiff; and (c) the Plaintiff’s electronic mail address, telephone number, facsimile number, and the Defendant’s registration certificate that the Plaintiff has a copy of the Defendant’s registration certificate.
However, the above facts alone are insufficient to recognize that the Defendant entered into a temporary re-lease agreement with the Plaintiff on May 22, 2013, and there is no other evidence to acknowledge it.
Rather, evidence Nos. 2, evidence Nos. 1 to 3, evidence Nos. 5, and witness G of the trial court as a whole.