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1. The Defendant shall pay to the Plaintiff KRW 24,722,040 and the interest rate of KRW 15% per annum from October 11, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 13, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the 5th floor (hereinafter “instant building”) of the 87.45 square meters (hereinafter “instant store”) located on the 1st floor in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant building”) from January 13, 201, between KRW 50,000,000, monthly rent and management expenses (including value-added tax), and the period from January 13, 2017 to February 28, 2019.
B. From June 2017 to August 2018, the Defendant paid KRW 34,650,000 to the Plaintiff on October 2, 2018, while the Defendant failed to pay KRW 34,722,040 in the aggregate of the water rate of KRW 72,040 from March 2, 2018 to September 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay 24,722,040 won, which is the sum of overdue rent, management fee, and water rate unpaid, to the plaintiff, unless there are special circumstances.
B. As to the Defendant’s assertion 1), the Defendant’s obligation to pay the rent and management fee is recognized, but with respect to the portion of the rent and management fee, the instant lease agreement increased from KRW 1,00,00 per month to KRW 2,00,000 per month in the previous lease agreement concluded by the Plaintiff and the Defendant on February 28, 2015, and asserts that the portion exceeding the percentage prescribed in Article 11 of the Commercial Building Lease Protection Act is null and void. 2) Article 11(1) of the Commercial Building Lease Protection Act provides that “Where the rent or deposit is unreasonable due to taxes, public charges, or other burdens on the leased building, or changes in economic conditions, the parties may claim an increase or decrease in the rent or deposit in the future.” However, in the case of an increase, a claim for increase under paragraph (1) shall not exceed the percentage prescribed by Presidential Decree.”