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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Changwon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment and the record reveals the following facts.
C on June 5, 2004, approximately KRW 170,000 of the first floor of the F building in Jinju-si (hereinafter “instant store”) was determined and leased as the lease deposit amount of KRW 500,000,000 per month, monthly rent of KRW 20,000,000 from June 5, 2004 to June 4, 2009 (hereinafter “instant lease contract”), and KRW 300,000,000,000 out of the above lease deposit amount of KRW 50,000 fromO, and the remainder of KRW 200,000,00 were created from the Plaintiff, respectively.
B. On September 2, 2004, in order to secure each of the above loan claims, theO registered lease on a deposit basis with a deposit money of KRW 300 million for the central 100 square meters, and the Plaintiff received respectively the registration of establishment of lease on a deposit basis with a deposit money of KRW 200 million for the 70 square meters north of the above store on the same day.
C. C, while operating H in the central part of the instant store, sub-leases approximately KRW 30,000 per 50,000 of the sub-lease deposit and KRW 300,000 per month of the rent to the Plaintiff. The Defendant sub-leases approximately KRW 40,000 of the front portion of the instant store to KRW 20,000 of the sub-lease deposit and KRW 5,00,000 per month of the rent.
C directed at H’s demand for debt due to his business depression on April 2008, and the Plaintiff directly operated H since that time.
E. D, upon the expiration of the instant lease agreement on June 2009, deducted the overdue car from the lease deposit, and completed settlement as follows: (a) the D deducted the overdue car from the lease deposit; and (b) theO returned only KRW 150 million out of the lease deposit amount of KRW 300 million to the Plaintiff; and (c) there was no money to be returned to the Plaintiff.
F. On July 2009, the Plaintiff re-leased the instant store at KRW 170 million as lease deposit and KRW 187 million per month as lease deposit.
G. The Defendant did not pay the rent from April 2008, 2008 to September 30, 2009, which was removed from approximately 40 square meters of the inner part of the instant store.
2. The reasoning of the judgment below is examined.