1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The following facts are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, 4, and Eul evidence Nos. 5, 8, 9, and 11, with a comprehensive view to the purport of the entire pleadings:

A. On February 26, 2016, the Plaintiff entered into a lease agreement between the Defendant and the Defendant that the Plaintiff leased the Suwon-si Office Ctel D (hereinafter “instant building”) from the Defendant to March 21, 2017 during the lease term of KRW 10 million from March 22, 2016 to March 21, 2017 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 10 million to the Defendant the lease deposit, and the said lease agreement was renewed on March 21, 2017.

B. On April 16, 2018, the Plaintiff did not pay the rent for four months (3.6 million won) to the Defendant during the above term of lease, and even after the said term of lease expires, the Plaintiff actually used and profit from the instant building and delivered the instant building to the Defendant.

C. Meanwhile, around June 2017, E, upon being entrusted with the management of the instant officetel, filed a lawsuit against the Plaintiff seeking payment of KRW 1,006,190 for unpaid management expenses with the Suwon District Court 2017Daso21961, and the said court rendered a judgment that all claims filed by E on November 6, 2017.

On July 24, 2018, the Plaintiff lodged an appeal against the above judgment (U.S. District Court 2018Na4328), and E, a stock company during the appellate trial, extended the claimed amount to KRW 4,331,780, and the Defendant paid KRW 4,477,040 to E, a stock company, as the Plaintiff’s unpaid management expenses (including delayed fees).

On April 23, 2019, the above appellate court revoked the judgment of the first instance court and rendered a judgment dismissing the claim of the corporation E on the grounds that the defendant's above repayment incurred the plaintiff's obligation to pay the unpaid management expenses to the corporation E, and the above appellate judgment became final and conclusive around that time.

The defendant on June 12, 2018 is the plaintiff.