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1. The part against Defendant C and D in the judgment of the court of first instance is revoked, and the Plaintiff (Counterclaim Defendant) corresponding to the revoked part is revoked.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On September 10, 2012, the Plaintiff entered into a lease agreement between I and I, ① a deposit of KRW 30 million with respect to a building 1, monthly rent of KRW 4.5 million (excluding value-added tax), term of contract from September 30, 2012 to September 29, 2017; ② a deposit of KRW 10 million with respect to a building 2; and ② a monthly rent of KRW 3 million (excluding value-added tax); the term of contract from September 30, 2012 to September 29, 2017; and thereafter, the Plaintiff received each of the above deposits from I and ordered the first and second buildings.
Each lease contract of this case (hereinafter referred to as "each lease contract of this case") included a special agreement that the plaintiff, who is the lessor, agrees in advance with respect to sub-lease by I as the lessee.
B. On October 16, 2012, I and Defendant C drafted a sub-lease contract with the purport that “I would make a sub-lease to Defendant C by setting the deposit amount of KRW 200 million, monthly rent of KRW 8.5 million, and the contract term from October 31, 2012 to October 30, 2013. The sub-leaser obtained the consent to sub-lease from the owner of the building.” (hereinafter “the first sub-lease contract entered into as the above contract”) and the notary public was certified as a deed signed by a private person under a private agreement with the head of a law firm, etc. (hereinafter “the first sub-lease contract”).
C. On November 5, 2012, I and Defendant D drafted a sub-lease contract with the effect that “I would make a sub-lease to Defendant D with a deposit of KRW 100 million, KRW 500,000,000 for monthly rent, and the contract period from November 30, 2012 to November 29, 2013. The sub-leaser obtained the consent to sub-lease from the owner of the building (hereinafter “sub-lease contract”)” (hereinafter “sub-lease contract”) and a notary public obtained a deed signed by a private person with the intention of KRW 5500,00 for a law firm mission, etc.
I did not pay to the Plaintiff the rent for the first building from September 5, 2013, and for the second building from October 1, 2013.
The purport of the Plaintiff’s termination of each of the instant lease contracts on the ground of the delinquency in rent of the I.