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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings with respect to Gap's statements as to Gap's evidence 1 to 4, 7, Eul's evidence 1 to 4, and testimony as witness I of the first instance trial.
Defendant B shared land and buildings on its ground (hereinafter “instant building”) in E and 1/2 shares, and operated an entertainment tavern (hereinafter “instant entertainment tavern”) with the trade name “F” from the 2 and 3th of the instant building among the instant buildings in the name of Osan-si.
B. On November 201, 2010, the Plaintiff entered into a lease agreement with Defendant B, under which the Plaintiff agreed to lease the instant entertainment tavern KRW 100,000,000 for the lease deposit, KRW 10,000 for the rent and KRW 10,000 for each month for the rent payment, and KRW 10,000 for each month for the rent payment, and the lease term from December 1, 2010 to November 30, 2013 for the lease term (hereinafter “instant lease agreement”). The lessor entered into a lease agreement with Defendant B for the lease term as follows.
Article 4 (Termination of Contract) If the lessee fails to pay the rent more than twice continuously, the lessor may terminate the contract, i.e., the time.
The lessee is responsible for taxes, public charges, and various fines incurred during the term of the instant lease agreement.
Heavy taxation is paid in 50% by installments.
C. On November 11, 2010, the Plaintiff transferred KRW 70,000,00 to the G’s deposit account designated by Defendant B. On December 1, 201, the nominal owner of the instant entertainment tavern was changed from G to Defendant C on December 1, 2010.
The Plaintiff received a delivery of the instant entertainment tavern on December 1, 2010 and operated it around that time. However, the Plaintiff’s business performance was low and was not paid at all to Defendant B. Accordingly, Defendant B was on February 8, 201, and on February 8, 201, the Plaintiff’s deposit for the lease of the instant entertainment tavern from KRW 100,000 to KRW 70,000,000, and the tea was 10,000.