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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts are acknowledged in the absence of a dispute between the parties to the facts of recognition, or in full view of the overall purport of the arguments in Gap evidence Nos. 1 to 14 (including paper numbers):
A. The Plaintiff is a co-owner with 4/10 shares in the Seocho-gu Seoul Metropolitan Government C building.
(D) 3/10 of equity, E 3/10 of equity. (b)
On May 7, 2010, the Plaintiff leased part of the above building at KRW 40,000,000 to the Escom Comcom Co., Ltd. (hereinafter “Scom”).
C. On September 16, 2013, the term of the above lease agreement with the Plaintiff expired, the Plaintiff notified the Plaintiff that the construction contract for the restoration to the original state with respect to the restoration of the object of the lease agreement was concluded, and that the Defendant’s “F (State)” was entrusted with respect to the restoration to the original state.
The construction cost of the construction contract that the Defendant’s “F” entered into with the contractor (to be deemed to be the Etecomcomcom or the Bank of Bankruptcy, which appears to be the contractor) was KRW 16,239,300.
(1) On October 2, 2013, the Plaintiff paid 7,000,000 won to the Defendant on October 17, 2013, by directly paying the said construction cost to the Defendant and settling the amount equivalent to the said construction cost with the lease deposit for the Ecomcom. On October 2, 2013, the Plaintiff paid 4,00,000 won to the Defendant as part of the remainder of the said construction work.
(2) On October 30, 2013, the Defendant received full payment of KRW 16,239,300 from the contractor of the said restoration work to its original state.
(3) On November 7, 2013, the Plaintiff paid rent of KRW 4,686,00, management fee of KRW 1,043,625, electricity fee of KRW 691,593, and KRW 16,239,30,518, which is the remainder of KRW 17,339,482, which is the remainder of KRW 40,000,000, deducted from the lease deposit of KRW 16,239,518.