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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 19,515,972 as well as to the plaintiff on September 30, 2016.
Reasons
1. The facts that there is no dispute between the parties to the sub-lease, and the purport of Gap evidence Nos. 1 through 3 as a whole, the plaintiff entered into a sub-lease contract (hereinafter referred to as "sub-lease contract of this case") with the defendant around June 2015 by fixing the monthly rent of 1.5 million won (including prepaid and management expenses) and the lease term from June 25, 2015 to March 24, 2016. The defendant delivered to the plaintiff only a total sum of 5,935,640 won to the plaintiff or management office for rent or management expenses from July 2, 2015 to August 22, 2016, and the plaintiff delivered a duplicate of the complaint of this case to the plaintiff on the ground that the plaintiff terminated the sub-lease contract of this case on the ground that the two or more rents of this case were terminated.
2. According to the above facts of recognition, the instant sub-lease contract was terminated on September 29, 2016 by the Plaintiff’s expression of termination.
Therefore, the Defendant is obligated to pay to the Plaintiff 25,451,612 won [the sum of 25,451,612 won = 24,00,000 won (from June 25, 2015 to October 24, 2016) 1,51,50,000 won x 30/31 (from October 25, 2016 to November 23, 2016) plus 5,935,640 won (the sum of 5,515,612 won) plus 1,515,972 won (the sum of 25,451,612 -5,935,640 won) as to delay damages from the following day of the instant lawsuit to the 15th day of the imposition of the Plaintiff’s complaint as to the scope of damages from the next day of the instant lawsuit’s imposition of a copy of the complaint and damages from the 15th day to the 15th day of the instant lawsuit.
On the other hand, the plaintiff is equivalent to the difference between the delivery and the completion of delivery of the real estate of this case to the defendant.