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1.The portion of the claim for payment in the judgment of the court of first instance shall be modified as follows:
The defendant is charged with KRW 2,903,716 to the plaintiff.
Reasons
1. The plaintiff filed a claim against the defendant for the payment of money, such as delivery of the instant underground building and overdue rent, and the court of the first instance rejected the claim for delivery of the instant underground building, but the claim for the payment of money was only partially accepted and dismissed.
The subject of the judgment of this court is limited to the claim portion because the subject of the judgment of this court is limited to the claim portion, as stated above, in the appeal filed only by the plaintiff.
2. Basic facts
A. On September 3, 2012, the Plaintiff entered into a lease agreement with G to KRW 5 million with respect to the instant underground buildings, and KRW 1.8 million per month, but did not receive monthly rent. Under G’s understanding, the Plaintiff entered into a new lease agreement with the Defendant, and on February 12, 2013, the lease deposit amount of KRW 15 million with respect to the said underground buildings, KRW 1.7 million per month (excluding value-added tax at the time of business registration), the lease term of KRW 1.7 million per month from February 12, 2013 to February 12, 2014 (hereinafter “instant lease agreement”), and was paid KRW 1,00,000 among the lease deposit received from the Defendant and KRW 3 million until February 12, 2014 (hereinafter “the remainder of the lease deposit”) and the Defendant was paid KRW 1,500,000,000 won after deducting the lease deposit from KRW 5 million until February 300,000.
B. On February 12, 2013, the Plaintiff delivered the instant underground building to the Defendant, and the Defendant paid KRW 10 million out of the lease deposit to the Plaintiff.
C. On February 14, 2013, the Defendant registered its business with the trade name “C” and the date of opening the business as “ February 12, 2013,” and manufactured and supplied the original body from the instant underground building.