1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant is from the plaintiff 23,000.

1. Basic facts

A. On October 24, 2005, the Plaintiff: (a) set out a lease contract (No. 1,00,000 won, monthly rent of KRW 600,000,000; and (b) on October 24, 2007, stating the lessee as “B” (No. 1-3,000,000,000 won; (c) on June 9, 2006, the Plaintiff set up a deposit of KRW 13 million, monthly rent of KRW 450,00,000,000; and (d) on June 9, 2008, the lessee entered into a lease contract (hereinafter collectively referred to as “each of the instant lease contracts”) under which the lessee entered as “B” (No. 1-1,00,000 won, and the previous lease contract and each of the instant lease contracts).

B. After that, the Plaintiff extended the lease term of the entire building of this case to May 24, 2012, and the lease deposit is the same as the previous one, and the monthly rent to be KRW 1.6 million (Evidence A-2, hereinafter “instant extension undertaking”) was written, and the said undertaking bears the signature of “B” and “D”.

C. The Defendant and D, as a husband and wife, operated the instant building with the trade name “E” from the time of entering into the lease agreement or from the late 2008.

On the other hand, the first instance court accepted the Plaintiff’s claim in entirety and sentenced that “The Plaintiff, the Defendant, and D deliver the instant building, and the Defendant jointly and severally with B, D pay an amount equivalent to KRW 1.6 million per month from January 10, 2013 to the delivery date of the said building.” Based on the declaration of provisional execution of the first instance judgment, the Plaintiff executed delivery of the instant building on or around March 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1 entered into a lease agreement with Plaintiff B, the nominal owner of each of the instant lease agreements, and Defendant and D were the Plaintiff.