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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons why this court should explain are as follows: (a) the Defendant’s “Defendant” in the first instance court’s reasoning in the part concerning the judgment of the first instance is dismissed as “Plaintiff”; and (b) the Plaintiff’s “Defendant” as “Defendant”; and (c) the Defendant’s argument concerning the unpaid portion of rent is identical to the reasons for the judgment of the first instance, in addition to adding the following additional determination as to the Defendant’s argument, and therefore, it is acceptable in accordance with the main sentence of
2. As to the Plaintiff’s assertion that he/she made an oral agreement to increase the monthly rent of KRW 100,000 from September 30, 2014, the Defendant asserts that the monthly rent of KRW 100,000 should be increased from September 30, 2012, and accordingly, the more unpaid rent of KRW 100,00 should be deducted from the deposit.
Comprehensively taking account of the descriptions of evidence Nos. 3 and 4 and the testimony of witness E of the first instance trial, the sum of the rent that the Plaintiff paid to the Defendant by account transfer from November 11, 2010 to November 6, 2013 is KRW 1.6 million, and the specific date and amount of payment can be recognized as the same facts as the attached Form.
It is reasonable to view that the Defendant decided to increase the monthly rent from September 30, 2014 to November 6, 2013, in full view of the following: (a) the timing and amount of each payment of rent (the total amount of rent paid from September 30, 2012 to November 6, 2013, is equal to KRW 600,000,000,000 per month; and (b) the monthly rent was written between the Plaintiff and the Defendant as KRW 50,000,000,000 per month; and (c) the monthly rent was increased from September 30, 2012 to KRW 10,000,000,000,000,000,000,000,000,000,000,000,000 won per month, which is recognized by the Plaintiff.
If so, the unpaid rent to be deducted from the deposit is the sum of the rent to be paid by the plaintiff 4,800,000 won from September 30, 2010 to September 29, 2014.