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1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, exceed the amount ordered to be paid:
Reasons
1. The following facts do not conflict between the Parties:
On August 1, 2010, the Plaintiff, from the Defendant, leased the lease deposit amounting to 30,000,000 won, monthly renting KRW 600,000, and the period from August 1, 2010 to July 31, 2013 (three years) from among the five floors of reinforced concrete structure slive roof in Gwangju North-gu (hereinafter “instant building”).
B. Around that time, the Defendant delivered the instant building part to the Plaintiff, and the Plaintiff paid KRW 30,000,000 to the Defendant.
C. On August 1, 2013, the Plaintiff delivered the instant building part to the Defendant.
2. Determination on the main claim
A. Since the lease was terminated as mentioned above in the judgment on the cause of the claim, the Defendant is required to return the deposit to the Plaintiff, and the Plaintiff is obligated to pay the Plaintiff the rent of KRW 6,000,000 for ten months from October 2012 to July 2013 (=600,000 x ten months) and the electricity fee of the instant building, of KRW 80,000,000, and water rate of KRW 400,000, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the rent of KRW 22,80,000 (=30,000,000 - 6,000,000 - 80,000,000 - 400,000,000) and the delay damages.
B. As to the Defendant’s assertion that the Defendant was not paid 2,40,000 won (=60,000 x 4 months) in the aggregate for four months, including November 2010, December 2011, December 2011, and April 2012, the Plaintiff asserted that the Defendant was led to the Defendant’s allegation that the Defendant was paid for all months until September 2012, and that the Plaintiff was actually paid or settled by paying the cleaning expenses for the septic tanks.
B) According to each of the evidence Nos. 6, 3, 9, and 10, it is recognized that the Plaintiff remitted the total amount of KRW 12,400,000 to the Defendant from December 1, 2010 to September 11, 2012 as follows (i.e., November 2010 and December 201).