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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On December 21, 2015, the Plaintiff leased the Dongjak-gu Seoul Metropolitan Government Type D (hereinafter “instant real estate”) KRW 150,000,000, monthly rent of KRW 500,000, and the period from February 13, 2016 to February 13, 2018 (hereinafter “instant first lease contract”), and the Plaintiff began to reside in the instant real estate with E, etc. from February 13, 2016, after fully paying the said deposit (hereinafter “instant first lease”).
(On the other hand, at the time of the instant lease agreement, the initial lease term was stated as “from February 29, 2016 to February 28, 2018” but the same day was amended as “from February 13, 2016 to February 13, 2018” on the same day.
On December 16, 2017, which was two months before the maturity date of the instant first lease agreement, the Plaintiff notified the Defendant’s mother, who was the agent of the lease contract, that the instant real estate was not renewed and that it would be directors at another place after being delivered to the Defendant.
C. On December 28, 2017, the Plaintiff: (a) leased (hereinafter referred to as “instant secondary rental contract”); (b) paid KRW 30,000,000 on the date of the said contract; and (c) paid the remainder of KRW 297,00,000 on February 13, 2018; and (b) paid KRW 30,000,000 to G for the remainder of KRW 297,000 on the date of the said contract; (c) provided that the Plaintiff may claim damages on the basis of the down payment after cancelling the said lease contract if he/she fails to perform his/her obligations under the said lease contract; and (d) provided that G was paid KRW 30,000,000 on the same day.
On January 13, 2018, the Plaintiff sent to F a note to the effect that “the Plaintiff was confirmed to have a director on February 13, 2018, which was the expiration date of the instant first lease agreement, for the use of real estate to be a new director.” However, F was unable to seek a new lessee, and there was no money to return the deposit at the end of February 2018.