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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On November 15, 2014, the Plaintiff: (a) purchased the instant apartment and Dho (hereinafter “instant apartment”); (b) the lease period from December 1, 2014 to November 30, 2016; and (c) the lease deposit was set at KRW 400 million (hereinafter “instant first lease agreement”); and (d) received the said lease deposit from the Defendant.
B. On November 29, 2016, the Plaintiff agreed with the Defendant to increase the deposit amount of the first lease contract of this case in KRW 500 million (hereinafter “instant lease deposit”) and to extend the term of the lease to November 30, 2018, and received KRW 100 million increased from the Defendant.
C. As between E and October 24, 2018, the Defendant concluded a lease agreement with the Defendant to pay KRW 690 million on the date of the contract, KRW 25 million on the date of the contract, KRW 40 million on November 30, 2018, and KRW 625 million on the remaining date of the contract, during the period from December 19, 2018 to December 28, 2018, the Defendant and E to pay KRW 600 million on the designated date, respectively.
(hereinafter “instant second lease contract”). D.
On October 25, 2018, the Defendant expressed his/her intent to “I will not renew the instant first lease contract.” The Defendant requested that “I will refund the instant lease deposit by November 30, 2018, which is the end of the instant first lease contract,” but did not hear confirmation from the Plaintiff, and the Defendant concluded the instant second lease contract with the Plaintiff on November 7, 2018. As such, the Plaintiff returned the instant lease deposit to the Defendant by December 28, 2018, which is the remainder of the Defendant’s payment date of the instant lease deposit to E, and if the Plaintiff fails to refund the instant lease deposit by that time, the Plaintiff would return the instant lease deposit to the Defendant by December 28, 2018.