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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 10 (including paper numbers) without a dispute between the parties or in full view of the following facts:
The Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with F, a doctor on January 3, 2019, stating that the entire seven-eightth floor of the said commercial building is a deposit of 600 million won, monthly rent of 50 million won (for four months after the completion of construction, the rent shall be exempted and adjusted under mutual agreement after two years), and from April 30, 2019 to April 30, 2029, the term of lease shall be determined from April 30, 2019 to April 30, 2029, and the lease agreement (hereinafter referred to as “the lease agreement”). The down payment of KRW 60 million between F and F was paid on the date of the contract, the intermediate payment of KRW 60 million was paid by the end of February 2, 2019, and the remainder of KRW 480 million was paid on the date of completion of construction of the commercial building.
B. On January 3, 2019, the Plaintiff entered into the instant lease agreement with the lessee F, which made it clear that the instant construction contract was based on the instant prime agreement between the Defendant and the Defendant, and paid KRW 154 million to the Defendant’s account on the day of the instant construction agreement, a down payment of KRW 154 million to the Defendant, a business entity designated by F (hereinafter “instant opening agreement”).
C. Meanwhile, as F delays the payment of intermediate payments after the end of February 2019, the Plaintiff notified F to F to pay intermediate payments several times, and then included an expression of intent to rescind the instant lease agreement on April 19, 201 and May 9, 2019.