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1. The defendant shall pay KRW 35,460,00 to the plaintiff (appointed party) and the appointed party.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Indication of claim;
A. On March 25, 2014, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the selector entered into a lease agreement with the Defendant on the condition that the instant building will be leased to the Defendant as KRW 30 million, monthly rent of KRW 4 million (value-added tax, monthly payment of KRW 20,000,000). On June 30, 2014, the Plaintiff delivered the instant building to the Defendant.
B. The Defendant paid KRW 10 million to the Plaintiff and the designated parties.
C. The Defendant did not pay the monthly rent after October 20, 2014.
Plaintiff
In addition, the Selection terminated the lease by serving a copy of the complaint of this case on the grounds of the defendant's delinquency in monthly rent.
E. On August 31, 2015, the Defendant handed over the instant building to the Plaintiff and the selector.
F. Therefore, the Defendant is obligated to pay KRW 35,613,333 (=45,613,333-5,333-45,333-5,613-33 of the remainder of the amount obtained by deducting KRW 10,613,00 from the lease deposit at KRW 45,613,333 [4,40,000 (4,40,000x11/30)] of the amount obtained by deducting KRW 10,00,00 from the lease deposit to the Plaintiff and the Selection from October 21, 2014 to August 31, 2015 (45,613,33-10,000) as sought by the Plaintiff and the Selection.
2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);