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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
Basic facts: (a) On April 20, 2010, the Defendant concluded a lease contract with the Plaintiff, setting the deposit money of KRW 30,000,000, annual rent of KRW 20,000, and the lease period of KRW 500,000 from May 25, 2010 to May 24, 2012 (hereinafter “instant first lease contract”), which is owned by the Defendant; (b) the Defendant agreed that the cost of repairing a building of at least 500,000 won should be borne by the Defendant.
On May 25, 2010, the Plaintiff received the instant building from the Defendant. Around that time, the Plaintiff started gambling business with the trade name called “H pension” by leasing 4 debentures from G.
The Plaintiff paid KRW 25,00,000 to the Defendant for annual rent of KRW 25,00,000 for the instant building from May 24, 201, and thereafter paid KRW 22,00,000, which was partially reduced as annual rent from May 25, 201 to May 24, 2012.
On May 7, 2012, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement, but continued to occupy the instant building including F 102 and E E 110 as he/she did not receive the lease deposit from the Defendant.
On March 4, 2013, Jeju District Court rendered a decision to commence the auction of the instant building and the said land (hereinafter “instant auction”).
On September 1, 2013, the Plaintiff and the Defendant concluded a lease agreement stipulating that the term of lease for the instant building shall be from September 1, 2013 to August 31, 2014, and that the annual rent shall be KRW 11,00,000, which shall be paid every six months in two installments.
(hereinafter “instant second lease contract”). However, the Plaintiff and the Defendant added the following terms to the terms of the said lease contract:
Article 7 (Refund of Deposit) Rent shall be refunded when the defendant has ordered this building.
(Rent means rent paid by the plaintiff to the defendant for the duration of the contract): Provided, That rent shall be.