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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 15,596,047 and KRW 12,645,947 among them.
Reasons
In the first instance court, the plaintiff filed a claim for damages due to the annual rent, public charge, and defect repair for the defendant, and the first instance court partially accepted the claim for the unpaid annual rent and public charge, and dismissed the claim for damages due to defect repair.
Therefore, since only the defendant appealed against this judgment, the subject of the judgment of this court is limited to the amount of annual rent and the claim for public charges payable.
The fourth floor building "Eel" located in D (hereinafter "the instant cartel") is a building owned by the Plaintiff, and C is the Plaintiff's reference, when it appears that the determination of the cause of the claim is recognized.
On August 25, 2015, the Plaintiff delegated the agency authority to C, and entered into a lease agreement with the Defendant on the instant building with the following terms:
(1) The Defendant: (a) The Plaintiff paid KRW 10,00,000 to the Plaintiff on behalf of the Plaintiff KRW 10,000,000 in annual rent: from September 15, 2012 to September 15, 2013; (b) the down payment period of KRW 10,000; (c) the intermediate payment of KRW 40,000 on September 25, 2012; and (d) the intermediate payment of KRW 40,00,000 on August 29, 2012; (c) the remainder payment of KRW 30,00,000; (d) the remainder payment of KRW 30,00,000; and (e) the details of the lease agreement on behalf of the Plaintiff; and (e) it is reasonable to deem that the Defendant paid KRW 10,000,000; and (e) the remainder payment of KRW 10,000,00; and
On September 15, 2013, the Defendant: (a) removed the instant cartel from the Republic of Korea from the Plaintiff; (b) around that time, C operated the instant cartel from around that time; (c) leased the instant cartel to F on May 15, 2014.
At the time of the Defendant’s withdrawal from the instant telecom, the Plaintiff totaled KRW 73,060, KRW 3,7,8,000, KRW 264,00, and KRW 255,970, KRW 7,8,000, and KRW 2,357,07,00, which was entered into force on August 16, 2013.