Text
1. The judgment of the first instance, including the plaintiffs' claims reduced by this court, is modified as follows.
Reasons
1. Facts of recognition;
A. On December 17, 2014, the Plaintiffs concluded a lease agreement between the Defendant and the Defendant for a deposit of KRW 2,00,000,000, monthly rent of KRW 300,000, and the period from January 1, 2015 to January 1, 2017 (hereinafter “instant lease agreement”).
B. On October 26, 2016, the Defendant filed a lawsuit against the Plaintiffs seeking payment of KRW 12,980,00,00, including the rent and additional tax unpaid under the instant lease agreement, with the Daegu District Court 2016Da34530, Oct. 26, 2016. The Plaintiffs paid KRW 1,240,000 as the payment of the rent and additional tax payable to the Defendant on November 16, 2016.
C. On March 6, 2018, the court rendered a judgment against the Defendant on the following grounds: (a) the Plaintiffs are obligated to pay the sum of KRW 2,100,000 and KRW 2,640,000,000, which the Plaintiffs were unpaid to the Defendant; (b) the Plaintiffs paid KRW 1,240,000 on November 16, 2016 to the Defendant as seen earlier; and (c) the deposit of the instant lease was KRW 2,00,000, inasmuch as the deposit of the instant lease was KRW 2,640,000,000, the above amount and the deposit of KRW 3,240,000 that the Plaintiffs paid to the Defendant was deducted from the sum of the above amount and deposit of KRW 2,640,00,00, which the Plaintiffs had to pay to the Defendant, and the above judgment was finalized on March 24, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant acquired 600,000 won remaining after deducting the sum of the rent of KRW 1,240,000 and the rent of KRW 2,640,00 which was paid by the plaintiffs on November 16, 2016 and the rent of KRW 2,640,00 which was paid by the plaintiffs on the deposit of KRW 3,240,00,000, and the rent of KRW 2,640,00 which was paid by the plaintiffs on the deposit of KRW 3,240,00,000 (= KRW 3,240,000 - KRW 2,640,000) from the plaintiffs without any legal cause. Thus, the defendant's above