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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
Reasons
1. Basic facts
A. On May 3, 2012, the Defendant entered into a contract with the Plaintiff on the condition that “the Defendant shall lease the land and the building on the land in Daegu-gu C (hereinafter “instant real estate”) with the deposit of KRW 10 million, monthly rent of KRW 800,000,000 from May 3, 2012 to May 2, 2015” (hereinafter “instant initial lease contract”).
B. 1) After that, the Plaintiff wishes to lease part of the instant building to D, and the Defendant concluded a lease agreement with the Plaintiff and the Defendant stating that “The Plaintiff and the Defendant shall lease the instant building site and the instant building among the instant real property with the lease deposit of KRW 6.5 million, monthly rent of KRW 400,000,000 from June 1, 2013 to May 2, 2015” (hereinafter “No. 1 lease agreement”).
A) On the same day D and on the same day, the term “the Defendant shall lease to D the site and building 12.5 square meters of the instant real estate, KRW 3.5 million of the lease deposit, KRW 400,000 of the rent, and the term of lease from June 1, 2013 to May 2, 2015” (hereinafter “second lease contract”).
(2) D) paid KRW 3.5 million to the Defendant for the lease deposit under Article 2, by paying to the Plaintiff KRW 3.5 million.
C. On February 28, 2014, when the Plaintiff and D paid the rent to the Defendant by February 28, 2014, D voluntarily removed from the above leased building on February 28, 2014, and the Plaintiff paid the Defendant the rent under D’s second lease contract after March 2014.
The Plaintiff paid KRW 80,00,000 to the Defendant on April 14, 2014, KRW 800,000 on May 26, 2014, and KRW 80,000 on June 25, 2014, and thereafter did not pay that amount to the Defendant.
E. Meanwhile, on July 11, 2014, the Plaintiff decided to transfer the right of lease to E with respect to the instant real estate, and the Defendant also consented thereto, and the Defendant is 20,000,000 won and the rent between E and E as of July 11, 2014.