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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On December 25, 2015, the Plaintiff and C entered into a contract with the Defendant for lease of KRW 20,000,000, monthly rent of KRW 700,000, and the lease term from December 27, 2015 to December 26, 2017 (hereinafter “instant lease contract”) with the Defendant, and on December 26, 2015, the Plaintiff paid KRW 20,000,000 to the Defendant on the following day.
Deposit KRW 10,000,000 monthly rent of KRW 700,000 shall be paid on the 27th of each month in late payment.
(A) 【Special Agreement】
1. This Agreement is a contract under which the lessor returns to the lessee some of KRW 10,000,000 out of KRW 20,000,000, as a result of a defect in a lease agreement entered into by December 25, 2015, and the lessee has made an order until November 27, 2016, and the remainder of KRW 10,000,000 should be liable and paid by the lessor until June 30, 2017.
2. Monthly rent shall be paid KRW 7,900,000,000, out of a security deposit, on or before June 2017, after deducting KRW 2,100,000 from the security deposit under an agreement between the lessee and the lessor;
3. The lessor shall endeavor to return the deposit to the maximum extent possible after completion of the construction works of this real estate;
Plaintiff
E: the joint name of the existing contract - the return of the deposit will be paid to C: Nonghyup FC
B. C, while residing in the instant building with his family members, demanded the Defendant to terminate the instant lease agreement on October 2016.
Accordingly, on October 29, 2016, the Defendant returned KRW 10,000,000 out of the above lease deposit to C, and said, the Defendant is “a contract signed on October 29, 2016” between C and C on the same content as the next letter box (the bottom part is written as the revenue).
was drawn up.
C. After that, on November 27, 2016, the Defendant returned the remainder of KRW 7,900,000,000, which deducts the sum of KRW 2,100,000 from KRW 10,000,00 for three-month rent remaining to C, and around that time, C shall be the Defendant.