Text
1. Of the judgment of the court of first instance, the part against the plaintiff regarding the defendant who ordered payment below.
Reasons
1. Basic facts
A. On December 13, 2013, the Plaintiff entered into a lease agreement to lease the entire underground (hereinafter “instant real estate”) among the real estate listed in the attached list owned by the Defendant and the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and the lease term of December 31, 2015 (hereinafter “instant lease agreement”).
B. On December 3, 2013, the Plaintiff paid KRW 5,000,000 among the lease deposit, and KRW 16,600,000 each on January 17, 2014, including the remainder of the lease deposit, and the monthly rent on January 2014.
C. Meanwhile, on January 7, 2014, the network D (hereinafter “the network”) drafted a lease agreement with the Defendant to lease the instant real estate in KRW 1,000,000 without a deposit.
C On November 17, 2014, the Deceased and the instant real estate were prepared a lease agreement to lease the instant real estate by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 1,600,000, deposit amount of KRW 20,000, and by January 7, 2018.
E. The Deceased died on June 3, 2013.
F. On April 1, 2016, C concluded a lease agreement with the Defendant and the instant real estate to rent the lease deposit for KRW 20,000,000, monthly rent for KRW 1,700,000, and the term of lease on April 6, 2018, under the name of her mother, to pay KRW 20,00,000 to the Defendant on the same day.
G. C currently operates an entertainment tavern in the instant real estate.
[Ground of certification] Unsatisfy, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1, 4, Eul evidence 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion sought to lease the instant real estate and operate a entertainment establishment on the ground of the deceased’s business president, and for this purpose, the name of the deceased.