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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked, respectively.
Reasons
1. Facts of recognition;
A. On October 31, 2012, the Plaintiff leased to Defendant B the building listed in the separate sheet (hereinafter “instant building”) as KRW 100,00,000, KRW 7,150,000 per month of rent (including value-added tax), KRW 250,00 per month of management expenses, and the lease period from November 1, 201 to October 31, 2014 (hereinafter “instant lease agreement”).
B. After Defendant B received the instant building from the Plaintiff in accordance with the above lease agreement, Defendant B completed business registration on November 1, 2012 with Defendant C, D, and E as joint business operators, with the content of food and alcoholic beverage sales business in the instant building. The Defendants occupy the instant building from around that time and jointly run restaurant business in the said building.
C. On September 23, 2014, the Plaintiff: (a) requested Defendant B to be notified in advance, through Eflusing Co., Ltd., through which the Plaintiff entrusted the management of the instant building and the renewal, etc. of the instant lease agreement; (b) through the Eflusty Co., Ltd., to notify Defendant B of the fact that the term of the lease expires as of October 31, 2014; and (c) without any intent to renew the contract; and (d) notified Defendant B of the impossibility of accepting the Plaintiff’s terms of the renewal of the contract on September 29, 2014; and (b) the Plaintiff notified the termination of the lease on October 7, 2014.
After filing the instant lawsuit, Defendant B deposited the full amount of rent and management expenses from January 2, 2015 to December 2, 2015 with the deposited person as the Plaintiff, as follows. However, Defendant B did not pay KRW 3,000,000 in total between November 2012 and August 2014.
The fact that the deposit number of the deposit date was caused by the deposit number on March 26, 2015, the deposit amount of KRW 10,042,860, the Seoul Central District Court (Seoul Central District Court Decision 6592, Jan. 2, 2015; KRW 4,757,140, Mar. 26, 2015; KRW 6597, Jan. 2, 2015; KRW 7,400,000, the Seoul Central District Court (Seoul Central District Court Decision 8203, Mar. 22, 2015; and KRW 6597, Jan. 2, 2015; KRW 6597, Apr. 16, 2015; KRW 8203, Oct. 27, 2015; and KRW 00,000.