손해배상(기)
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 34,236,550 and the interest rate thereon from August 24, 2017 to the date of full payment.
1. Facts of recognition;
A. On February 10, 2017, the Plaintiff concluded a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a deposit of KRW 100,000,000 (the deposit of KRW 10,000,000 for intermediate payment, KRW 40,000 for intermediate payment, and KRW 50,000 for the remainder payment on March 30, 2017, and KRW 50,000 for the remainder payment on April 30, 2017) with respect to the entire building (hereinafter “instant building”) on three floors and the entire building (hereinafter “instant building”). From February 15, 2017, the lease agreement was concluded by setting the lease agreement as 60 months from February 15, 2017.
In March of 2017, and April of 2017, to be provided free of charge during the term of interior work, and in May through August of 2017, the special agreement was concluded that monthly rent of KRW 5,500,000 shall be KRW 5,00 due to the characteristics of the wedding hall, and the portion of the value-added tax shall not occur as agreed between the two parties, and the normal monthly rent of KRW 10,000,000 shall be KRW 10,000 (excluding value-added tax) from September 2017.
(hereinafter “instant lease agreement”). B.
Defendant C entered into the instant lease agreement on behalf of the Defendant Company on January 22, 2018, on behalf of the actual operator of the Defendant Company, and was appointed as an internal director who is the representative of the Defendant Company.
C. The Defendant Company paid only KRW 50,000,000 out of the lease deposit by May 15, 2017 to the Plaintiff, and did not pay that amount after the conclusion of the instant lease agreement.
On July 12, 2017, the Plaintiff sent a certificate to the effect that the instant lease contract is terminated, as the Plaintiff did not pay the remainder of the lease deposit and the rent to E and Defendant C, the representative director at the time of the Defendant Company.
E. The Defendant Company required KRW 30,000,000 for removal and recovery costs in connection with the interior works suspended in the instant building. The Defendant Company delayed payment of KRW 2,916,550 for the total electricity charges from May 2017 to July 7, 2017 (the portion used until July 7, 2017). The Defendant Company did not pay for the instant building.