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.

1. Facts of recognition;

A. On November 8, 2013, Plaintiff A leased three floors among the Plaintiff’s four-story neighborhood living facilities and detached houses on the land (hereinafter “instant building”) of Busan Jin-gu, Busan, and three parcels of land (hereinafter “the instant building”) from the Defendant on November 8, 2013, KRW 20,000, KRW 550,000 per the rent month (excluding value-added tax), KRW 10,000 per month, and the period from November 30, 2013, and thereafter operated a juvenile sports club (hereinafter “instant first lease agreement”). The said lease was renewed thereafter.

B. On September 10, 2006, Plaintiff B operated the Taekwondo hall after renting the second floor of the instant building as the lease deposit of KRW 10,000,000, monthly rent of KRW 900,000 (excluding value-added tax), monthly water rate of KRW 10,000, and the period of September 10, 2006 from September 24, 2006 (hereinafter “instant second lease”). The said lease was renewed thereafter.

C. On December 21, 2017, the Plaintiffs sent a text message to the Defendant stating that “The two and three keyss, as stated in the Malaysia, were put in the first floor electrical unit.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. In February 2017, the gist of the Plaintiffs’ assertion made a notification to the Defendant of the termination of the instant First and Second Lease Agreements (hereinafter collectively referred to as “each of the instant lease agreements”). Accordingly, the termination becomes effective three months after the lapse of such three months pursuant to the Commercial Building Lease Protection Act.

After that, the Plaintiffs returned the key to the Defendant at the end of August 2017, thereby returning each leased object to the Defendant.

Plaintiff

A did not pay 3,360,000 won (=560,000 won x 6 months) in aggregate of rent and water rate for six months, and the Defendant paid 16,640,000 won (=20,000,000 won - 3,60,000 won) after deducting the above rent and water rate for the lease deposit from 20,000,000 won and damages for delay.