전대료
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Determination on the cause of the claim
A. 1) On May 31, 2012, the Plaintiff is a commercial building located in Jung-gu Seoul Metropolitan Government C (hereinafter “instant commercial building”).
The term of the D Management Body and the term of the contract, comprised of sectional owners, are determined from June 1, 2012 to May 31, 2014, and outsourced management and operation contract (hereinafter “instant outsourced management contract”).
From the time of the establishment of the store, the Plaintiff managed and operated the store in this case. 2) At that time, the period of the contract from the owners of the stores in this case from the 1st to the 4th above ground among the commercial buildings in this case was set up on a yearly basis, and sub-divided the store on each floor. On August 19, 2012, the Plaintiff concluded a sub-lease contract (hereinafter “sub-lease contract”) with the Defendant and the 3rd floor in this case (hereinafter “instant store”) with the 12,00,000 re-lease deposit for the 12,20,000, monthly rent of KRW 1,20,000 (the 10% of value-added tax is separate, and the 18th day of each month is the 18th day of each month), and the sub-lease period from August 19, 2012 to August 18, 2013.
3) Around that time, the Defendant paid KRW 12,00,000 to the Plaintiff the instant sub-lease deposit and received delivery of the instant store and used it until August 18, 2014. [The purport of the entire pleadings is as follows: (a) there is no dispute over the grounds for recognition; (b) evidence No. 2; (c) evidence No. 3-1, 2, No. 1, and 5; and (d) the purport of the entire
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the rent of KRW 15,840,00 in total from August 19, 2013 to August 18, 2014 (=1,320,000 value-added tax of KRW 120,000 in monthly rent x 120,000) x 12 months) and the delay damages therefrom. Meanwhile, the Plaintiff filed a claim from the first instance court to the date from July 18, 2013 to August 18, 2014. However, the first instance court erred by ascertaining the Plaintiff’s claim amount and cited only the rent of the Plaintiff from August 19, 2013 to August 19, 2014.