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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On February 27, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on setting a deposit amount of 42,00,000 square meters (794 square meters among three floors; hereinafter “instant office”) of part of the factory building on the third floor C of the Nam-gu Incheon Metropolitan City (hereinafter “instant factory”). From April 1, 2017 to March 31, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”). In cases where the contents relating to the instant lease agreement have been terminated, the lessee shall restore the said real estate to its original state and return it to the lessor.
Value-added tax on the rent for a rent under a special contract shall be separately imposed.
The management expenses shall be imposed by KRW 240,000 per month, and the management expenses shall be imposed by the details of electric safety, fire safety, all inspection service expenses, cleaning expenses for septic tanks, etc., and the water rate shall be separately imposed.
A lessor provides the contractual capacity (30KW) to the lessee, and the lessee shall use the inner distribution system in the leased factory at his own expense from the installation and distribution system.
The following shall be:
B. On March 30, 2018, the Defendant: (a) purchased a building of 764.2 square meters and its ground from D Co., Ltd. in Bupyeong-gu, Incheon; and (b) completed the registration of ownership transfer on May 31, 2018; (c) moved out of the instant office on June 30, 2018; and (d) transferred the building.
C. On October 2, 2018, the Plaintiff entered into a lease agreement with F Co., Ltd. (hereinafter “F”) on the condition that the instant office will be leased with a deposit of KRW 33,600,000, monthly rent of KRW 3,360,000 (excluding value-added tax) and the period from November 29, 2018 to November 28, 2020. Under a special agreement, the Plaintiff’s rent of KRW 12,000 monthly rent of KRW 12,00 per square year from the lease date to March 31, 2019.