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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 12, 2010, the Defendant leased the first floor store of the Busan-gu Busan-gu D building (hereinafter “instant store”) owned by the Defendant to C by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 570,000, and the lease term from January 20, 2010 to January 19, 2012.
(hereinafter referred to as the “instant lease contract”) B.
C, along with the Plaintiff, operated the beauty art room of the trade name “E” at the above store, and on June 24, 201, transferred the above lease deposit claims to the Plaintiff and notified the Defendant thereof, and thereafter continued to operate the above beauty art room at the above store with the Plaintiff.
(hereinafter referred to as the “Plaintiff, etc.”) and C.
Plaintiff
By January 2012, the Defendant did not pay the monthly rent to the Defendant until January 12, 2012, and expressed his intent to refuse to renew the lease agreement, the Plaintiff et al. paid the Defendant a lump sum payment of the unpaid rent for a period of four months between the Defendant and the Defendant on January 19, 2012, and agreed to continue to maintain the lease agreement by increasing the rent to KRW 620,000 per month.
Plaintiff
The Defendant agreed to terminate the lease agreement on May 30, 2013, and the Defendant returned KRW 8,000,000 to the Plaintiff on the same day, and the Plaintiff et al. delivered the instant store to the Defendant on June 1, 2013.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff and the Plaintiff paid the monthly rent of 41/41 (24 months from January 20, 2010 to January 19, 2012, 570, and 17 months from January 20, 2012 to May 30, 2013) out of 14,450,00 won (570,000 won x 620,000 x 21 month x 620,000 x 4 months x 4 months) to the Defendant at the time of termination of the instant lease agreement. Accordingly, according to the Plaintiff’s assertion, the Defendant paid the remainder of lease deposit 10,290,000 won to the Plaintiff, etc. (24,20,000,000 won x 0507,00 won (the monthly rent that the Plaintiff, etc. shall pay as claimed by the Plaintiff, etc.).