차임 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. In the first instance court, the plaintiff filed a claim for the lease deposit and its delay damages, ② rent and its delay damages, ③ refund of enforcement fine and damages for delay damages, and ③ the first instance court dismissed all the plaintiff's claim. Accordingly, the plaintiff appealed against the above ① and ③ claims.
Therefore, the subject of this Court's adjudication is limited to the claims ① and ③ of the Plaintiff's appeal.
2. On April 14, 2009, the Plaintiff’s summary of the Plaintiff’s assertion leased the first floor of the ground building D (hereinafter “instant store”) owned by the Plaintiff to the Defendant at KRW 30 million per month and KRW 1.8 million per month per month. The Defendant did not pay KRW 30 million per deposit.
In addition, the defendant paid 7,894,800 won to the head of Daegu Seo-gu, in the wind to extend an unauthorized building to the store of this case during the term of lease.
Therefore, the Defendant is liable to pay the Plaintiff KRW 10,00,000, and the enforcement fine paid for the illegal building extended by the Defendant, including KRW 17,894,80,000, and damages for delay.
3. Determination
A. On April 14, 2009, the following circumstances are as follows: (a) the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the instant store owned by the Plaintiff on April 14, 2009 by setting a deposit of KRW 30 million, monthly rent of KRW 1.8 million; and (b) each entry and pleading of the evidence Nos. 1 and 3 through 6 (including the serial number; hereinafter the same shall apply) as a whole; (c) the Plaintiff entered into a lease agreement with E with the instant store on November 9, 2015; and (d) entered into a lease agreement with E with the Defendant on a check of KRW 30 million,00,000,000,000, which was paid from E’s East F as a deposit.