Of the judgment of the first instance, the part against the defendant in the judgment of the court of first instance is modified as follows.

The defendant is against the plaintiff 2,709,680 won.

1. Basic facts

A. On October 24, 2016, the Plaintiff, the owner of the real estate listed in the separate sheet No. 1, entered into a lease agreement (hereinafter “instant lease agreement”) with D, representing the Defendant as to the instant store, which is the left E of the first floor among the real estate listed in the separate sheet No. 1, with D, KRW 4 million, monthly rent of KRW 3 million, monthly rent of KRW 100,000 (payment on the last day of each month), management expenses per month, and the lease period from November 7, 2016 to November 6, 2018. The Defendant and D operated a restaurant with the name “I” at the instant store from that time.

B. As the special terms and conditions of the instant lease agreement, “the Defendant is the lessee of the instant lease agreement and is the subject of all the rights and obligations (in so doing, the other party is the Defendant) and the lessee’s agent D bears the same responsibility for all the obligations of the lessee.”

C. In addition, the Defendant occupied the instant illegal possession portion by remodelling it without permission on the tent and steel pipe structure.

However, as the Defendant and D did not pay monthly rent and management expenses from March 2017, the Plaintiff notified the Defendant on January 30, 2018 and April 12, 2018 that the instant lease contract was terminated on the grounds of delinquency such as the above rent, etc., and filed a lawsuit against the Defendant and D on November 6, 2018.

E. On January 5, 2019, the Defendant filed a lawsuit against the Plaintiff as Seoul Western District Court 2019Kadan202828, and the appellate court rendered a judgment on July 30, 2020 that “the Plaintiff shall pay to the Defendant 2,709,680 won and interest thereon at the rate of 5% per annum from August 7, 2019 to July 30, 2020,” with the return of the remaining lease deposit in the above court No. 2019Na37278.

[Ground of recognition] Any entry in Gap evidence 1 to 9 (including the paper number) without dispute, and