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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 11,540,790 as well as its related amount from November 29, 2014.
Reasons
1. Basic facts
A. On October 25, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C to lease Nos. 207, 404, Seo-gu Incheon, Seo-gu, Incheon, as a broker of the D Licensed Real Estate Agent Office E and the F Licensed Real Estate Agent Office G among the parties of the Defendant’s D Licensed Real Estate Agent Office E and C, an individual among the parties of the C.
Upon entering into a contract, the Defendant and C set up two copies of the lease agreement, stating the deposit amount of KRW 40,000, KRW 800,000 per month, and the duration of the lease agreement of KRW 24 months from November 15, 2013 to November 14, 2015, respectively.
B. However, since the conclusion of the above contract, the term portion of the lease agreement held by C was corrected, and the portion of “24 months was corrected for 12 months, and G’s correction was sealed, and the portion of “14 November 2015” was corrected to “ November 14, 2014,” and the correction seal was affixed by G and E.
C. C paid KRW 36,00,000 to the Defendant on November 15, 2013, a down payment of KRW 4,000,000 on the date of the conclusion of the above contract, and KRW 36,00,000,00, which is the remainder of the deposit, around that time, and notified the Defendant that the lease contract was terminated on November 13, 2014, after residing in the instant real estate and failing to pay the monthly rent for seven months.
C around November 29, 2013, around November 29, 2013, transferred to the Plaintiff the right to refund the lease deposit against the Defendant, and the Plaintiff notified the Defendant of the transfer on behalf of C.
E. On November 14, 2015, the Defendant paid KRW 22,859,210, which is a part of the lease deposit, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The lease period of the instant lease agreement, summary of the Plaintiff’s assertion, was 12 months from November 15, 2013 to 12 months, and C transferred the instant real estate to the Defendant. As such, the Defendant, who acquired the right to return the lease deposit from C, is the overdue rent and part of the deposit.