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1. The part of the judgment of the court of first instance, including the Plaintiff’s claim against the Defendants altered in the trial.
Reasons
Basic Facts
A. On September 5, 2005, the Plaintiff entered into a lease agreement with the Defendants (the shares of Defendant A were 45.64/100, the shares of Defendant B, and the shares of Defendant B and C were 27.18/100, respectively) under which they owned the buildings listed in the separate sheet (hereinafter “the instant building”) and paid the Defendants KRW 1 billion of the lease deposit for KRW 1 billion of the instant building, monthly rent and management fee and KRW 33,50,000 of the lease deposit and KRW 33,50,000 of the lease deposit, and from March 1, 2006 to December 31, 2007. At that time, the Plaintiff paid the Defendants KRW 1 billion of the lease deposit.
B. On January 25, 2006, the Plaintiff entered into a lease agreement with the Defendants under which the fiveth floor on the ground of the instant building is leased KRW 100 million, monthly rent of KRW 5,200,00 (excluding value-added tax), and the lease period from February 1, 2006 to December 31, 2007. At that time, the Plaintiff paid KRW 100 million to the Defendants.
C. Under each of the above lease agreements, the Plaintiff entered into a lease agreement with the Defendants on December 5, 2007, with the following: (a) the lease deposit amount of KRW 1 billion; (b) the monthly rent of KRW 27,712,50 (excluding value-added tax); (c) the lease deposit amount of KRW 27,712,50 (excluding value-added tax); (d) the lease deposit amount of KRW 100,00,00 (excluding value-added tax); and (e) the lease deposit of KRW 5,00,00 (excluding value-added tax); and (e) the lease deposit amount of KRW 10,00,00,00 (excluding value-added tax); and (e) the lease period of KRW 6,540,00 (excluding value-added tax); and (e) the lease contract to be leased from January 1, 2008 to December 31, 2009.
[Reasons for Recognition] Determination of Facts without dispute, Gap evidence 1 to 3 (if there are various numbers, including numbers; hereinafter the same shall apply)
A. The fact that the Plaintiff entered into each of the instant lease agreements with the Defendants and paid a total of KRW 1.1 billion in the rental deposit is as seen earlier, and each of the instant lease agreements is as follows.