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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
On November 18, 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff to lease 280.92 square meters (general restaurants; hereinafter “instant real estate”) out of the Class II neighborhood living facilities in the first floor among the buildings with the 10th floor of the Sinpo City C hotel, which are owned by the Defendant, with the deposit amount of KRW 10 million, monthly rent of KRW 1.5 million, monthly rent of KRW 1.5 million, and the term of lease from December 31, 2013 to December 31, 2018 (hereinafter “instant contract”), and on the same day, the Plaintiff paid the Defendant the deposit of KRW 10 million.
The instant contract contains the following provisions:
Article 2 [Duration] A lessor (Defendant) delivers the instant real estate to the lessee by December 31, 2013, in a condition that it is possible to take advantage of the instant real estate for the purpose of lease;
3. Article 6 [Termination of Contract] Until a lessee pays an intermediate payment (if there is no intermediate payment, a lessor shall repay the remainder) to a lessor, and the lessee may waive the down payment and rescind this contract;
8 The contents of the special agreement include the Plaintiff’s certificate No. 1, which was submitted by the Plaintiff to the Plaintiff, as seen above. The Defendant asserted that the Plaintiff erroneously stated “Lessee” and stated “Lessee” on the part of “Lessee,” and submitted as reference materials a contract signed by the Defendant and sealed the seal of the Defendant. The Plaintiff submitted it as evidence No. 4, and the Plaintiff asserted that the above part was modified by the Defendant.
The defendant's seal is affixed only to the part in which "Lessee" was stated as "Lessee" as stated in Paragraph 8 of the Clause of the Special Agreement on Document No. 4, and the seal is affixed to the above part. The plaintiff's seal is not affixed to the plaintiff's seal. Even according to the defendant's assertion, the defendant's (the defendant)'s facilities are also borne by the plaintiff, citing the plaintiff's argument.