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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.
Reasons
1. Determination as to the cause of claim
A. According to the purport of Gap evidence No. 1’s statement and the entire argument, it can be acknowledged that on March 16, 2011, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant with the lease deposit of KRW 20 million,000,000, monthly rent of KRW 400,000 (repaid on April 19, 201), and from April 26, 2011 to April 25, 2013, respectively (hereinafter “instant lease agreement”), and that the Plaintiff paid the Defendant the lease deposit of KRW 20,000,000.
According to the above facts, the lease of this case terminated on April 25, 2013, and thus, barring any special circumstance, the defendant is obligated to return KRW 20,000,000 to the plaintiff, barring any special circumstance.
B. As to this, the Plaintiff’s notification of the termination of the instant lease agreement entered into a lease agreement with C, a new lessee, around March 2013, and the Plaintiff delivered the instant real estate to C on April 8, 2013. As such, the Plaintiff asserted that the instant lease was terminated on April 8, 2013. Accordingly, the Plaintiff’s assertion is examined on the grounds that the instant lease agreement was terminated or terminated.
According to the overall purport of evidence Nos. 6 and 7, the defendant decided to lease the real estate of this case to C on March 25, 2013 at KRW 20,00,000, monthly rent of KRW 400,000, and received the down payment of KRW 2,000,000 from C. The plaintiff can be recognized to have delivered the real estate of this case to C on April 8, 2013. However, the following circumstances, which are acknowledged by the purport of each statement and argument in evidence Nos. 7, 8, and 1, under the premise that the lease of this case continues to exist as it is, the plaintiff shall sublet the above real estate to C on April 8, 2013 without the deposit, and shall sublet it to KRW 40,00,000 without the deposit.