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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On August 2013, the Plaintiff leased from the Defendant the part of the second floor workplace of the Incheon Seo-gu D D Maintenance Office (hereinafter “instant real estate”) to the Defendant for the business of the Motor Vehicle Maintenance Office (hereinafter “instant lease”), a deposit of KRW 30 million, monthly rent of KRW 3,300,000, and the period from September 1, 2013 to 24 months (hereinafter “instant lease contract”), and around that time, paid the said deposit to the Defendant.
B. On December 7, 2014, the Plaintiff removed from the instant real estate.
C. Meanwhile, on November 2014, the Plaintiff unpaid KRW 3.3 million and waste cost of KRW 100,000 and waste cost of KRW 30,000, and electricity cost of KRW 371,094, and KRW 44,845,094 in total, and the Plaintiff did not pay KRW 3,845,094 from January 2015.
【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. On December 7, 2014, the Plaintiff asserted that the instant lease agreement was concluded with the Defendant and removed from the instant real estate. As such, the instant lease agreement was terminated upon termination of the agreement.
Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and delay damages for the lease deposit of this case.
B. The gist of the Defendant’s assertion is that the instant lease agreement remains effective as it is not terminated, and the Plaintiff is obligated to pay monthly rent under the instant lease agreement that remains effective as such. However, from December 2014 to August 31, 2015, the Plaintiff did not pay the unpaid monthly rent up to 30,245,094 won (=3,845,094 won, such as rent and waste expenses, etc., on November 2014 to August 2015). Accordingly, when deducting the instant lease agreement, there is no deposit to be returned to the Plaintiff by the Defendant.
3. Determination
A. Whether the instant lease agreement is terminated or not.