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1. Of the judgment of the court of first instance, the part against the plaintiff who is ordered to pay the following amount against the defendant B.
Reasons
1. Facts of recognition;
A. On November 15, 2010, the Plaintiff entered into a lease deposit agreement with Defendant C on the transfer and takeover of a private teaching institute (hereinafter “instant agreement”) with respect to the ESA on the third floor located in Seocho-gu Seoul (hereinafter “instant building”) owned by Defendant C (hereinafter “instant private teaching institute”). The Plaintiff agreed to pay KRW 60,000,000, premium of KRW 30,000,000, premium of KRW 2,190,000, management fee of KRW 1,062,00 on the same day, and the down payment of KRW 9,00,000,000, premium of KRW 30,000,000 and intermediate payment of KRW 11,00,000 on November 19, 2010, respectively, and the Plaintiff shall pay the remainder of KRW 40,000,000.
B. On February 25, 2011 and the same year, the Plaintiff continued to pay only the rent and management expenses after paying only the rent for the portion of December 2010.
3. 23. Defendant B sent to Defendant B a certificate of content that the instant contract was rescinded on the ground that the instant Defendant belonged to the number of students enrolled in a driving school, monthly income, etc.
C. Defendant B urged the Plaintiff to pay the unpaid rent and management expenses, and requested the Plaintiff to cancel the contract, and on March 28, 201, Defendant C requested the F to whom the comprehensive authority for the management of the instant building was delegated by Defendant C to suspend the instant private teaching institute, and changed the entrance lock-up system of the private teaching institute on April 9, 201.
In relation to the above short-term measures, Defendant B was indicted for summary facts constituting a crime of obstruction of business and intrusion on a structure, and was ordered to take a summary order of KRW 1,00,000 by Seoul Central District Court Decision 201 High Court Decision 201Da38827, and F was ordered to suspend indictment as Seoul Central District Prosecutor’s Office Punishment No. 101 in 2011.
E. Meanwhile, on May 7, 201, Defendant B returned KRW 4,000,00 to the Plaintiff, and around July 2011, Defendant B paid KRW 20,648,160 to Defendant C for rent and management expenses from January 201 to June 201.
[Grounds for Recognition] A. 3, 6 evidence, Gap's 9 to 13 evidence, Eul's 1 to 5 evidence, Eul's 1, 1.