임대료
Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.
1. The first instance court, which accepted part of the Plaintiff’s claim, and dismissed the remainder of the claim. Since only the Defendant appealed against the Defendant among the judgment of the first instance, the part of the judgment of the first instance, which dismissed the Plaintiff’s claim among the judgment of the first instance, should be excluded from the scope of the judgment of this court.
2. Facts of recognition;
A. On April 15, 2013, the Defendant: (a) leased the entire building site D and the second floor (E short clubs; hereinafter “instant building”) of the building site and the second floor thereof (E short clubs; hereinafter “instant building”) from Nonparty C, by setting the rent of KRW 1,00,000 per month (1,300,000 after six months) to be paid on the 15th day of each month thereafter.
“A” means the Plaintiff in the lease contract made at the time.
The statement is written to the 350,000 won per month.
B. Afterwards, the Defendant paid to the Plaintiff KRW 350,000 per month the fees for the use of equipment and facilities, including sound equipment within the instant building, and KRW 50,000 per month the fees for the use of underground water, on the 15th day of each month (a total of the above facilities, hereinafter “the instant facilities”).
On the other hand, on September 5, 2016, Nonparty F, the father of the Plaintiff, removed the board of sound equipment from among the instant facilities on the ground that the Defendant did not pay usage fees, and thereafter, the Defendant suspended the operation of a single club.
(d)
The defendant did not pay KRW 300,000 out of February 2016, July portion, August portion, September portion, and April portion, April 2016.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
3. According to the above facts of determination as to the cause of the claim and the purport of the whole theory of evidence and alteration, there was an agreement between the Plaintiff and the Defendant that the Defendant shall pay the Plaintiff KRW 400,000 per month the fee for the use of the instant facilities.
It is reasonable to see that the Defendant is the instant facility from September 5, 2016 to the Plaintiff’s liability.