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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. On February 1, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the first floor among the third floor of the building located in Daegu Suwon-gu D, Daegu-gu, where the Defendants owned as co-owned, with regard to the first floor of the third floor of the building located in D, Daegu-gu, Daegu-gu, where the Defendants shared: KRW 5 million: Annual rent: KRW 3.8 million; and the lease period: 12 months.
B. After that, the instant lease agreement was explicitly renewed twice on February 1, 2016 and February 1, 2017. Meanwhile, the Plaintiff paid to the Defendants the total amount of KRW 3.8 million on the annual rent from February 1, 2017 to February 1, 2018 under the instant lease agreement.
C. The instant lease agreement was terminated by agreement between the Plaintiff and the Defendants around July 2017, and the Defendants received prior payment of KRW 5 million and KRW 5 million from the Plaintiff on July 20, 2017.
It returned 1 million won out of the annual rent of 3.8 million won as stated in the paragraph.
[Reasons for Recognition] Unsatisfy, Gap evidence 3, 5, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. Determination as to the cause of the claim is based on the annual rent from February 1, 2017 to February 1, 2018 under the instant lease agreement, and the Plaintiff paid the Defendants the total amount of KRW 1,00,000,000,000 to May 12, 2017, and KRW 3,80,000,000 to the Defendants. Since the instant lease agreement was terminated by the agreement between the Plaintiff and the Defendants around July 2017, the Defendants, a joint lessor, jointly with the Plaintiff as an indivisible obligation (see Supreme Court Decision 98Da43137, Dec. 8, 1998) (i.e., Supreme Court Decision 98Da43137, Feb. 1, 2017) 】 (i.e., KRW 1,000,000,0000,0000,000 after the remainder of the lease agreement from February 1, 2017 to 2818.