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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
The Defendant entered into a lease agreement with the Plaintiff, as of April 20, 201, under the name of the Plaintiff as of April 20, 201, stipulating that the second column of the first floor north (hereinafter “instant real estate”) among the buildings listed in the attached list shall be KRW 5 million, KRW 600,000 per month, and the lease term shall be from April 20, 201 to April 19, 201 (hereinafter “instant lease agreement”). Around that time, the Defendant paid the Plaintiff the lease deposit amount of KRW 5 million, and occupied and used the instant real estate.
From October 31, 2011 to July 16, 2012, the Defendant paid a total of KRW 4.1 million to the Plaintiff.
On September 14, 2012, the Plaintiff delayed payment to the Defendant and C from January 20, 2012 to April 20, 2012. On May 22, 2012, and June 11, 2012, the Plaintiff paid only KRW 550,000,000 for each of the rent, and paid KRW 1.2 million for each of the rent on July 16, 2012, on the ground that the said rent was in arrears, and sent a mail verifying the content that the instant lease was terminated for a total of KRW 3 million (five months). At that time, the Plaintiff sent it to the Defendant and C around that time.
On October 2012, the Plaintiff filed a lawsuit against the Defendant and C (hereinafter referred to as “related lawsuit”) claiming the payment of rent in arrears with the Defendant during the above lease period and the delivery of the instant real estate to the Defendant, and the Defendant to leave the instant real estate (hereinafter referred to as “relevant lawsuit”) (the Jeonju District Court 2012Da33862), and submitted as evidence a building lease agreement (Evidence A) stating “C” in the lessee column.
On October 22, 2013, the above court accepted all the Plaintiff’s claim against C on the ground that “The lessee of the instant lease agreement is recognized as C, and the said lease agreement terminated on or around September 14, 2012, C is obligated to deliver the instant real estate to the Plaintiff and pay an amount equivalent to KRW 1.7 million equivalent to the unpaid rent or rent.” Meanwhile, the Defendant.