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1. As to KRW 17,653,727 and its KRW 14,703,627 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 2,950,100 from December 16, 2012.
Reasons
1. Basic facts
A. On August 25, 2012, the Plaintiff delegated the Plaintiff’s representative authority to C, the father, and entered into a lease agreement with the Defendant, setting the term of lease from September 15, 2012 to September 15, 2013, to lease the “EM” (hereinafter “instant lease agreement”) of the four-story building located in Boan-si, Boan-si, the Plaintiff owned by the Plaintiff to the Defendant, setting the lease term of KRW 70,00,000 for annual rent, and KRW 10,000 for lease deposit (hereinafter “instant lease agreement”).
B. Under the instant lease agreement, KRW 10,000,000 for the down payment until September 25, 2012, the intermediate payment of KRW 40,000,000 for the intermediate payment of KRW 30,000 until August 29, 2012, and the remainder of KRW 30,000,000 until December 15, 2012, the Defendant agreed to pay the Plaintiff KRW 10,000,000 for the lease contract of this case under the pretext of deposit and annual rent. The Defendant paid the Plaintiff KRW 40,00,000 for the lease contract of this case, and KRW 30,000 on August 31, 2012; and KRW 2,00,000 on December 18, 2012.
C. Around September 15, 2013, the Defendant removed the instant her mother, and around that time, C operated the instant her mother, and leased the her mother to F on May 15, 2014.
On the other hand, the Defendant did not pay KRW 25,970 for the precise safety diagnosis cost of August 2013, 2013, KRW 73,060 for the communication cost of August 3, 2013, KRW 3,77, KRW 264,00 for the elevator’s regular repair cost of September, and KRW 255,970 for the elevator’s precise safety diagnosis cost of August 16, 2013, KRW 2,357,07 for the previous month, which was enforced on August 16, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-5, 6, 7, 8, Gap evidence 6-1, 2, and Gap evidence 13-3, the purport of the whole pleadings, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the instant lease agreement was terminated on September 15, 2013, barring any special circumstances, and around that time, it is recognized that the Defendant delivered the instant franchise to the Plaintiff. Thus, the Defendant was not paid out of KRW 70,000,000, annual rent, excluding KRW 10,000,000, which the Plaintiff is obligated to return to the Defendant.