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1.The judgment of the first instance shall be modified as follows:
The Defendant, as the Plaintiff
(a) the first floor of the real estate listed in the separate sheet;
Reasons
1. Facts of recognition;
A. While the Defendant was operating the Ka Center by leasing the instant store from C, the Plaintiff purchased the building indicated in the separate sheet (hereinafter “instant building”) from C on June 11, 2002 and completed the registration of ownership transfer on July 10, 2002, and succeeded to the lessor’s status.
B. On August 24, 2009, the Plaintiff reduced the previous lease deposit to KRW 30,000,000 between the Defendant and the Defendant, and paid KRW 1,700,000 remaining after deducting the previous unpaid rent from KRW 13,00,000.
Section 1 (Purpose) only for the lease of the above real estate, the lessor and the lessee shall pay by agreement the lease deposit and the rent as follows:
Deposit: 15,00,000 monthly rent (payment on December 26, 2013): Article 2 (Duration) of the Act (payment on December 30, 200) shall be delivered to the lessee by December 26, 2013 in the condition that the lessor may benefit from the use of the said real estate for the purpose of the lease, and the term of lease shall be until December 25, 2015, which is 24 months from the delivery date.
Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively, or has violated Article 3, the lessor may terminate the contract without delay.
[Matters] The above contract is a re-contract with the monthly wage of April 2009, February 2010, February 2011, July 2012, July 2012, August 2013, August 2013, and 17,250,000 won based on a basic deposit of 30,000 won. By December 30, 2013, the monthly wage was settled.
On December 26, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant store (hereinafter “instant lease agreement”). D.
The Defendant paid KRW 2,700,000 to the Plaintiff on February 25, 2014 (the Plaintiff was paid the said money for three months from January 2014 to March 2014), KRW 950,000 on April 15, 2014, and KRW 950,000 on May 12, 2014, respectively.