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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On August 1, 2013, the Plaintiff and the Defendant agreed to pay KRW 12,524,400 for deposit money, and the period from August 8, 2013 to July 31, 2016, the monthly rent of KRW 1,043,70 (excluding surtax) and the management fee for the Suhyup, which were leased by the Defendant from the Suhyup-gu Seoul Metropolitan Government (hereinafter “instant store”) to the Defendant, to pay KRW 200,000 for the Defendant additional monthly fee.
(hereinafter referred to as “instant sublease contract”) between the Plaintiff and the Defendant.
However, around November 7, 2013, the Plaintiff expressed his intention to terminate the instant sub-lease contract, and returned the instant store to the Defendant.
C. The sum of monthly rent and management expenses (including value-added tax) imposed on the instant store in the Suhyup Cooperative is KRW 1,611,616 for September 201, and KRW 1,520,058 for October 2013, and KRW 1,422,101 for November 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-4, Eul evidence 2 and the purport of the whole pleadings
2. Determination as to the cause of action
A. On October 2013, the Plaintiff alleged that the instant sub-lease contract will be terminated, and the instant sub-lease contract was terminated by returning the instant store to the Defendant, and even if not, the Defendant returned the instant store to the Suhyup on February 6, 2014, and the instant sub-lease contract was terminated.
Therefore, the defendant is obligated to pay to the plaintiff 12,524,400 won of the sublease deposit and delay damages.
[Plaintiff’s original deposit amount of KRW 13,700,00 for the instant sub-lease contract, KRW 1,850,00 for each month, and KRW 1,850,00 for each month, and the instant store was returned to the Defendant on November 7, 2013, and the Defendant was paid from October 2013 to the Defendant on the ground that the deposit amount of KRW 11,416,00 for each of the instant sub-lease contract was not paid to the Defendant ( KRW 13,70,000 for each of October 1, 2013 - KRW 434,00 for November 1,850 for each of the unpaid monthly rent) was sought at the trial.