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1. The judgment of the first instance court, including the claims extended at the plaintiff's trial room, shall be modified as follows:
Reasons
1. Facts of recognition;
A. On May 20, 2015, the Plaintiff leased the two-story 116.6 square meters (hereinafter “the instant building”) among the real estate indicated in the attached Table to the Defendants by setting the lease deposit of KRW 40,000,000, monthly rent of KRW 3,630,000 (including value-added tax), monthly management expenses (including value-added tax), KRW 385,000 (including value-added tax), and period of lease from May 29, 2015 to May 29, 2017.
(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles on the premise that the lessee of the instant lease agreement was the Defendants, and thus, did not err by misapprehending the legal principles on the premise that the lessee of the instant lease agreement was the Defendants despite the name of the instant lease agreement.
B. At the time of the above contract, the Plaintiff agreed with the Defendants as well as KRW 4,00,000 out of KRW 40,000,000 on the date of the contract, and KRW 26,000,000 on the date of May 29, 2015, and the remainder KRW 10,000,000 on July 29, 2015, respectively. However, the Plaintiff agreed to receive interest of KRW 10,00,000 on the said KRW 10,000 from May 29, 2015. The Defendants paid KRW 4,00,000 out of the lease deposit to the Plaintiff on the date of the above contract.
C. However, on May 29, 2015, the Defendants did not pay KRW 26,000,000 to the Plaintiff, and did not receive the instant building from the Plaintiff.
Afterward, the Defendants paid KRW 16,00,000,000, out of KRW 36,000,000, which was unpaid to the Plaintiff, on June 2, 2015, respectively, and paid KRW 30,000,000 out of KRW 40,000,000 for the lease deposit as stipulated in the instant lease agreement (= KRW 4,000,000 for KRW 16,000,000 for the lease deposit as stipulated in the instant lease agreement), and the Plaintiff delivered the instant building to the Defendants on June 24, 2015.
E. However, even after the Defendants received the instant building and the lapse of July 29, 2015, the remainder of lease deposit KRW 10,000,000.