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.

1. Facts of recognition;

A. On October 7, 2011, the Plaintiff: (a) attached Table 5, 6, 7, 8, and 5 on the first floor of a building indicated in the attached Table to Codefendant B (hereinafter “B”); (b) leased the lease deposit of KRW 12,00,00 (hereinafter “the second floor of the building in this case”) with respect to the leased deposit of KRW 100,000,000 per month (hereinafter “the second floor of the building in this case”); and (c) from November 25, 2011 to November 24, 2014, the lease deposit of KRW 52.04,00,000 per month was leased to the Codefendant B (hereinafter “B”); and (d) the period from November 25, 2011 to November 24, 2014.

(hereinafter “instant lease agreement”). B.

B, under the Plaintiff’s consent, on March 27, 2012, on the first floor of the instant building, leased deposit amounting to KRW 25 million, KRW 1.5 million per month, and KRW 1.5 million per month, and the period from April 15, 2012 to November 24, 2014, sub-leaseed to the Defendant.

(hereinafter referred to as “instant sublease contract”). C.

The Plaintiff expressed his intent to terminate the instant lease agreement by serving a copy of the complaint of this case on the grounds of the rent delay of B. D.

The Defendant operated the precious metal store with the trade name “D” on the first floor of the instant building, and delivered the part of the first floor of the instant building to the Plaintiff on December 4, 2014, when the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is obligated to pay KRW 1.5 million to the Plaintiff pursuant to Article 630(1) of the Civil Act, which is the monthly rent of KRW 1.5 million for the part on the first floor of the instant building. The Plaintiff seek against the Defendant the payment of KRW 24,967,741 and delay damages from July 15, 2013 to December 4, 2014.

In this regard, the scope of the rent that the lessee cannot set up against the lessor pursuant to Article 630 (1) of the Civil Code is limited to the rent that the lessee has paid before on the basis of the time of the payment of the rent under the sub-lease contract.