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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Scope of the judgment of this court;
A. In the first instance trial, the Plaintiff claimed 40,000,000 won in total and damages for delay equivalent to the amount of 10,000,000 won in lease deposit and premium, and 30,000 won in total and damages for delay.
B. The court of the first instance accepted the remainder of KRW 4,618,580, and the remainder of the claim for damages for delay after deducting the unpaid rent of KRW 4,80,000 from KRW 10,000, and the electricity rate of KRW 581,420 paid by the Defendant on behalf of the Defendant, and the remainder of the claim was dismissed.
C. As to the judgment of the first instance, the Plaintiff appealed only on the claim for damages equivalent to the premium amounting to KRW 30,000,000 and damages for delay, among the part against which the Plaintiff lost, and the Defendant did not appeal.
Therefore, the scope of this court's adjudication is limited to 30,000,000 won and damages for delay equivalent to the premium in the first instance judgment against the plaintiff.
2. Basic facts
A. On February 15, 2014, the Plaintiff: (a) leased a restaurant located D (hereinafter “instant restaurant”); (b) from the Defendant on behalf of the Defendant during the period from January 1, 2014 to December 31, 2016, the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,700,000, and the lease term of KRW 1,700,000 from January 1, 2014 to December 31, 2016 (hereinafter “instant first lease”); and (c) on February 5, 2014, the Plaintiff decided to substitute for the payment of the lease deposit of the instant first lease deposit of KRW 10,00,000 paid by the Plaintiff to E, a lessee of the instant restaurant, on behalf of the Defendant.
B. The Plaintiff paid KRW 3,00,000,000 to E’s financial account on February 3, 2014, and KRW 19,000,000 on February 15, 2014, and KRW 2,000,00 on April 3, 2014.
C. Upon the termination of the first lease of this case, the Plaintiff leased the instant restaurant from the Defendant, on January 2, 2017, by setting the lease deposit of KRW 10,00,000, KRW 2,000,00 per month of rent, the lease term from January 2, 2017 to January 1, 2018 (hereinafter “instant second lease”), and the payment of the lease deposit is deemed to have been made at the time of the instant first lease.