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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The Plaintiff asserted that the deposit amount of KRW 13,00,000, which the Plaintiff sought from the first instance court, was KRW 15 million, but did not modify the purport of the claim.
Among damages of KRW 5,269,00 due to nonperformance, the claim for KRW 10,800,000 of the lease deposit was partly accepted, and the defendant appealed only against this, the scope of the judgment on the party is limited to the claim for the lease deposit as above.
2. Facts of recognition;
A. On October 17, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the network B (hereinafter “the network”) on the lease of the said commercial building under the terms and conditions as follows with respect to the Suwon-si E Commercial Building F (hereinafter “instant commercial building”).
The lease deposit amount of KRW 20 million (payment method is as follows) - the down payment of KRW 2 million, the intermediate payment of KRW 8 million on October 31, 2017, and the remainder of KRW 10 million on November 30, 2017, the monthly rent of KRW 1.4 million on November 30, 2017, including the water tax, from October 1, 2017 to October 30, 2019, the management fee of KRW 50,000,000 including the water tax, from October 31, 2017 to October 30, 2019: if the lease is terminated during the contract period due to the circumstances of the lessee, the rent, management fee, and the real estate brokerage and repair fee shall be liable for the lessee until the new lessee moves in.
The internal thesis shall pay and commence the balance, and the lessee shall pay the management expenses from this day.
B. On October 17, 2017, the Plaintiff paid the Deceased the down payment of KRW 2 million, and KRW 8 million in the intermediate payment of KRW 3 million on November 3, 2017. From November 3, 2017, the Plaintiff continued interior interior interior interior interior interior decoration work in the instant commercial building. On November 17, 2017, the Plaintiff paid KRW 5 million out of the remainder.
C. On November 30, 2017, the remaining payment date, the Plaintiff received demand from the deceased for the performance of the lease contract due to the unpaid amount of KRW 5 million, but notified the deceased of the cancellation of the lease contract on the grounds of water leakage, etc., and the deceased’s key to the commercial building on December 20, 2017.