1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3. Appeal.

1. Basic facts

A. On November 2, 2016, the Plaintiff leased three floors of the building D in Daegu-gu (hereinafter “instant building”) to C as the lease deposit amounting to KRW 10 million, and the lease period from November 2, 2016 to November 1, 2018, and the rent of KRW 2640,000 (including value-added tax).

B. On May 31, 2017, C sublet the half of the instant building to the Defendant at KRW 5 million, the lease deposit amount, from June 1, 2017 to May 31, 2019, and from KRW 1.2 million for the lease term, and the Plaintiff consented thereto.

C. On August 2017, the Plaintiff and the Defendant are as follows.

The defendant succeeded to the tenant status of the lease agreement between the plaintiff and C as stated in the paragraph.

The defendant did not pay the rent to the plaintiff from April 2018, and the management fee payable to the plaintiff is KRW 1,408,831.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-2 (including branch numbers, if any), fact-finding results on the Seo Daegu Tax Office, the purport of the entire pleadings

2. Around August 2017, the gist of the Plaintiff’s assertion: (a) the Plaintiff and the Defendant succeeded to the status of lessee under a lease agreement between the Plaintiff and C; (b) extended the lease period for the instant building by August 31, 2019.

Therefore, the Defendant is obligated to pay KRW 44,880,00,00 (=2,640,000 x 17 months) that was unpaid to the Plaintiff from April 18, 2018 to August 2019, and KRW 1,408,831 that was unpaid, and KRW 46,28,831 that was the sum of KRW 1,408,831 that was the lease deposit, KRW 10,00,000,000 that was paid by the Defendant on February 18, 2020, KRW 13,788,831 that was repaid by the Defendant on February 18, 202, and delay damages therefrom.

3. Determination

A. According to the facts found earlier, the Plaintiff leased the instant building to the Defendant from August 2017 to November 1, 2018 through the Plaintiff’s succession to a lease agreement; the Defendant did not pay rent to the Plaintiff from April 2018; and the Defendant’s management fee that the Plaintiff did not pay to the Plaintiff was recognized as having a total of 1,408,831. Thus, the Defendant’s fee that the Plaintiff did not pay to the Plaintiff is worth KRW 18,480,00 = the Plaintiff.