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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
1. The Plaintiff asserts that, from November 10, 202 to August 2015, 2015, the first floor among C commercial buildings was leased to the Defendant, and that the Defendant did not pay a total of KRW 12,410,000, out of the rent from 2003 to 2008, and from 2011 to 2015, the Plaintiff claimed the payment of the unpaid rent and the delay damages therefor.
According to the statements in Gap evidence Nos. 1 through 4 (including paper numbers, hereinafter the same shall apply), it is recognized that the sum of KRW 12,410,000 out of the rent from 2003 to 2008, and from 2011 to 8, 2015 has not been paid.
However, the Defendant leased the above real estate from the Plaintiff and operated the said Automobile Maintenance Center (DC Center). The Plaintiff agreed to offset the Defendant’s vehicle repair expense claims against the Plaintiff and the Plaintiff’s rent claims against the Defendant with respect to the Plaintiff while leaving the Defendant to repair the Plaintiff’s vehicle, and paid each month from 2003 to 2015, and paid only the remainder after deducting the repair expense claims from the rent. Thus, the Defendant asserted that all the Plaintiff’s rent claims were extinguished by offset and repayment.
In light of the health account and evidence evidence Nos. 1 through 3, the Defendant: (a) from 2011 to 2015, the Defendant owned the Plaintiff’s repair expense claim of KRW 7,160,00,00, and the administrative fine of KRW 112,52,520, and the indemnity claim of KRW 112,52,520, which was incurred by the Defendant on behalf of the Defendant on behalf of the Defendant; (b) the Defendant, from 2011 to 2014, remitted only the amount calculated by deducting the repair expense from the rent while paying the vehicle to the Plaintiff during the pertinent month; and (c) the amount of the unpaid rent (3,760,000,000) claimed by the Plaintiff without delay during the month in which the repair expense claim has not occurred.