1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

1. On November 7, 2008, the Plaintiff leased the Seocho-gu Seoul Metropolitan Government 2 and 303 (hereinafter “instant leased object”) owned by the Defendant from the Defendant from November 7, 2008 to November 6, 2009, with a deposit of KRW 10 million per month, monthly rent of KRW 90,000 (prepaid payment, value-added tax separate, management expenses, and separate public charges) and the period from November 7, 2008 to November 6, 2009.

On January 9, 2009, the Defendant filed a lawsuit against the Plaintiff claiming the return of the leased object of this case by Seoul Central District Court 2009Kadan9353, asserting that the Plaintiff was in arrears with the second period of rent. On May 12, 2009, the above court rendered a judgment ordering the Plaintiff (the Defendant) to deliver the leased object of this case to the Defendant (the Plaintiff in this case), to pay the amount equivalent to KRW 9 million and the amount equivalent to 20% per annum from January 17, 2009 to the date of complete payment, and to pay the amount equivalent to KRW 90,000 per annum from January 7, 2009 to the date of completion of delivery of the leased object of this case. The above judgment became final and conclusive at that time.

On May 8, 2009, the Plaintiff delivered the leased object of this case to the Defendant.

The unpaid amount of management expenses by the plaintiff until the date of the above delivery is KRW 88,660, and the unpaid amount of gas charges is KRW 649,758.

(See Nos. 1, 6, 8, 14, and 3 and 9, respectively, and the purport of the whole pleadings, whether there is no dispute. (See Attached Table No. 3) / [Grounds for Recognition], or Gap's evidence No. 1,6, 8,

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, for the plaintiff 4,646,350 won after deducting the amount stated in the list of mutual aid money from the deposit 10 million won for lease deposit (=10,000,000 won - 5,353,650 won) and for the part cited in the judgment of the first instance, 3,557,998 won, which is the part cited in the judgment of the court of first instance, it is reasonable to dispute as to the existence or scope of the obligation of the defendant from May 9, 2009, which is the day following the date of return of the object of lease of this case.