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1. Of the instant lawsuit, the part concerning the claim for the payment of 4,883,030 won and damages for delay shall be dismissed.
2. The defendant.
Reasons
1. Basic facts
A. On October 5, 2004, at the same time, a lease contract was concluded with the lessee, the Plaintiff, and the lease deposit amount of 14 million won with respect to C Apartment 106 dong Housing Industry Co., Ltd. (hereinafter “Dong-dong Housing”) (hereinafter “instant apartment”).
B. On November 5, 2004, the Defendant entered into an agreement with the Plaintiff on the condition that “the Defendant shall use the instant apartment and pay monthly rent, management fee, and public charges to the Defendant” (hereinafter “instant agreement”).
C. On March 21, 2008, the Plaintiff paid 4,062,456 won, including unpaid rent (including delayed rent) 2,193,160 won, unpaid management fee (3 months), unpaid deposit (including delayed payment), 1,468,430 won, guarantee fee (including delayed payment), 3,316 won, etc. as of March 21, 2008.
On March 2014, the instant apartment rent of KRW 5,621,110 (i.e., unpaid rent of KRW 5,411,01 for the previous month) is KRW 210,10 for the rent of March 3, 2014; on the other hand, the deposit arrears of KRW 810,060 for the foregoing time was unpaid; however, the instant apartment was filed against the original Defendant around March 2014 when the rent, etc. was unpaid.
(In the above lawsuit, the same house was won on July 2014, and the judgment became final and conclusive on September 2014, 2014). [Grounds for recognition]] 【No dispute, Party A’s 2 and 3 evidence, and Party A’s 3 (no dispute over the terms and conditions of non-lease contract deposit, subrogation contract deposit, and the Defendant’s stamp image part, and the authenticity of the entire document is presumed to have been established. The Defendant asserts to the effect that this document is forged by the Plaintiff, but no evidence exists to acknowledge it). The entire purport of the pleadings and arguments
2. The assertion and judgment
A. The plaintiff asserted and decided on the claim for the payment of the lease deposit amounting to 14 million won. The plaintiff is the apartment of this case from the Dong-dong Housing on the ground that the defendant did not pay rent, etc.