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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.
2...
Reasons
1. Basic facts
A. On April 26, 2012, the Plaintiff entered into a lease agreement with the Defendant, who operates the “C”, to KRW 30,000,000, monthly rent of KRW 630,000 (Additional tax separately), and from May 10, 2012 to May 9, 2014 (hereinafter “instant lease agreement”).
B. On November 6, 2012, the Defendant prepared a written confirmation to the Plaintiff that “I, during the term of lease, assume the responsibility of the Defendant for all civil petitions, such as dust dust, etc. that occurred within the instant factory, clean the dust, etc. that occurred within the instant factory after the expiration of the contract, and endeavor to restore it to its original state so that the lessee can no longer use it (hereinafter “instant written confirmation”).
C. On May 31, 2013, under the premise of termination of the instant lease agreement with the Defendant, the Plaintiff prepared a settlement statement (hereinafter “instant settlement statement”) with the content that: (a) the amount of the unpaid rent of KRW 32,130,00,00 by May 10, 2013; and (b) the amount of KRW 43,539,000 (=32,130,000 KRW 11,409,000) plus KRW 30,000,000, and the remainder of KRW 13,539,000 (=43,539,539,000- KRW 30,000,000) was to be paid to the Plaintiff pursuant to the aforementioned settlement statement; and (c) the Defendant paid KRW 130,000,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) Although the Defendant agreed with the Plaintiff to deliver the instant factory on June 3, 2013, the Defendant had operated the instant factory until July 3, 2013. As such, at least 6,930,000 won (=6,30,000 won) from May 11, 2013 to June 11, 2013, including surtax x 1.1,802,080 won including surtax x 1,802,080 won, water rate 75,430 won, and delay damages for the said money.