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1. Of the judgment of the court of first instance, KRW 3,392,094 against the Plaintiff and its related thereto from September 15, 2017 to February 14, 2019 against the Plaintiff.
Reasons
1. Basic facts
A. On February 5, 2015, the Plaintiff leased the instant apartment E (hereinafter “instant apartment”) from the Defendant to KRW 60,000,000,000, monthly rent of KRW 550,000,000 from March 5, 2015 to March 4, 2017, and occupied the instant apartment.
B. On March 8, 2017, the Plaintiff’s husband sent to the Defendant a message that he/she had no intent to extend the term of the said lease agreement, and notified the date of directors ( April 13, 2017) on March 13, 2017.
C. On April 13, 2017, the Plaintiff out of the instant apartment and received KRW 55,000,000 from the Defendant from around that time, and the new lessee occupied the instant apartment around May 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings
2. The plaintiff and the defendant's assertion
A. Since the lease contract between the Plaintiff’s assertion and the Defendant terminated, the Defendant did not perform the obligation to pay the Plaintiff the unpaid monthly rent of KRW 1,121,000 and the long-term repair appropriations of KRW 288,760, which the Plaintiff incurred until May 11, 2017, even though the new lessee had occupied the instant apartment, and KRW 4,078,760, which was paid by the Plaintiff.
B. The Defendant’s assertion that the lease contract between the Defendant and the Defendant was implicitly renewed on March 5, 2017, and the Defendant had a director in the absence of a duty to refund the rental deposit to the Plaintiff, thereby granting the Plaintiff a prior payment of KRW 5,000,00 among the rental deposit, but the amount equivalent to KRW 2,40,000,000,000,000 for monthly rent for three months, and the amount equivalent to KRW 1,595,000,000 for restitution, and KRW 330,000,000 for the brokerage fee paid to Nonparty C
3. The Plaintiff, at least on April 13, 201, moved out from the instant apartment and received KRW 55,00,000 from the Defendant, at least on April 13, 2017, will between the parties.