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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. On June 30, 2017, the Plaintiff and the Defendant paid the Plaintiff rent of KRW 3,450,00 (excluding value-added tax, payment on the 12th day of each month), management expenses, and facility user fees of KRW 1.2 million (payment on the 30th day of each month from September 30, 2017) to the Defendant’s entrusted operation contract (hereinafter “instant contract”) for the Defendant’s business operation at the instant store (hereinafter “instant contract”) in return for the payment of the contract period from July 1, 2017 to June 30, 2018, the Defendant concluded the contract period from July 1, 2017 to June 30, 2018.
According to the above facts, the Defendant is the Plaintiff with the rent of KRW 15,812,49 from July 1, 2017 to November 5, 2017 (the date the Plaintiff is the Plaintiff whose contract was terminated) under the instant contract, which is KRW 15,812,50 (including value-added tax) for the above period: KRW 15,812,50 (including the monthly rent of KRW 3,795,000) x four months x KRW 3,795,00 x 5/30). The amount claimed by the Plaintiff within the scope is deemed the amount of rent accrued.
However, in light of the fact that the amount of the management expenses claimed by the Plaintiff exceeds two months and the Defendant does not raise any special objection to the amount of the management expenses claimed by the Plaintiff itself, the Plaintiff seems to have claimed payment of the management expenses including part of the unpaid management expenses incurred before September 2017.
With respect to the total amount of KRW 18,466,129 and KRW 17,833,630 (the unpaid rent and management fee up to October 2017) out of these KRW 18,466,129 and KRW 17,833,630 (the unpaid rent and management fee up to October 2017) from November 6, 2017, which is the date following the due date for which the Plaintiff seeks, and the remainder of KRW 632,49 (the rent on November 2017) from November 13, 2017.