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The Defendant’s KRW 90,66,666 and KRW 80,400,00 among the Plaintiff and the Plaintiff’s KRW 90,66 and KRW 10,26,66.
Reasons
1. Basic facts
A. On January 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the rent of KRW 4 million (in addition, 18,000,000 per month in advance) and the lease term from January 18, 2016 to 24 months (hereinafter “instant lease agreement”).
B. The Defendant paid to the Plaintiff the instant lease agreement up to December 18, 2017, that it was a vehicle based on the instant lease agreement. From December 19, 2017 to March 18, 2018, the Defendant did not pay a total of KRW 1.2 million (4 million x 3 months) and subsequent rent, and delivered the instant land to the Plaintiff on November 28, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 1.2 million payable from March 19, 2018 to November 28, 2019, the amount of KRW 89,466,66, and KRW 66 in total [4.4 million x (4.4 million x (10/30), and less than KRW 10,6666, and KRW 80,40,000 claimed by the warden among them, for the sum of KRW 90,66,666 and KRW 8,40,000,000,000, which were served on the copy of the complaint of this case, from October 11, 2019 to February 19, 2020, additionally claimed from the application for change of the cause of the claim, and to pay damages at the rate of 10,266,666,000 per annum from February 1, 20202.
B. As to the judgment on the defendant's defense, in the process of concluding a contract for the transfer of the defendant's shares and management rights owned by the plaintiff et al. with D, the defendant deceivings the quantity of the defendant's sulfur trees owned by the plaintiff et al., and entered into the lease contract of this case by mutual agreement with the defendant with the false statement that he transferred yellow trees to the land of this case for hiding the above fact.