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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 49,250,00 and KRW 25,300 among the plaintiff 1.
Reasons
1. Basic facts
A. On March 8, 1995, the Plaintiff leased 50 square meters from the Defendant’s second floor of the Gangnam-si C Ground Building (hereinafter “instant building”) to KRW 30 million in deposit and KRW 400,000 in rent monthly, and used it as Taekwondo ground.
B. On June 10, 1997, the Plaintiff leased 50 square meters from the Defendant’s second floor of the above building to KRW 10 million and KRW 500,000 in the rent month, and used it as a healthcare room.
C. On June 10, 2002, the Plaintiff drawn up a lease agreement with the Defendant on a deposit of KRW 50 million, KRW 600,000 per month, and the period from June 10, 2002 to June 10, 2004 (hereinafter “instant lease agreement”).
The above lease contract was renewed and terminated on June 10, 2014. The plaintiff delivered the object of lease to the defendant on the same day.
【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. Summary of the parties’ assertion
A. On June 10, 199, while the Plaintiff leased two floors among the instant building from the Defendant, and used as Taekwondo head and health head, the Plaintiff increased the amount of KRW 20 million on June 10, 199. On June 10, 2002, the Plaintiff drafted the instant lease contract with the sum of KRW 50 million, including KRW 30 million, and KRW 20 million,000,000,000,000 as the lease deposit.
The Plaintiff paid all the monthly rent of KRW 600,000 to the Defendant from June 2002 to October 2003 under the above contract. After the agreement between the Plaintiff and the Defendant, the difference was changed from November 2003 to KRW 400,000 per month, and from January 2006 to June 300, respectively, the changed rent was paid in full.
Therefore, the defendant is obligated to pay to the plaintiff KRW 50 million and delay damages for the lease deposit of this case.
B. Defendant 1 prepared the instant lease agreement, or Defendant.