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1. The Defendant shall pay to the Plaintiff KRW 25,326,883 and the interest rate of KRW 15% per annum from November 10, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 10, 201, the Defendant: (a) on June 10, 201, the Seocho-gu Seoul Seocho-gu Seoul 2nd floor KRW 30 million; (b) KRW 1.4 million per month (payment on June 29); and (c) from June 29, 2011 to June 28, 2013, leased the Plaintiff.
The plaintiff paid a security deposit and moved into the building around that time.
B. On June 18, 2015, the Plaintiff sent a notice of termination of the lease contract to the Defendant, and the notice sent to the Defendant on the following day.
C. On September 4, 2015, the Plaintiff handed over the building to the Defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Article 10(4) and (5) of the Commercial Building Lease Protection Act for the termination of a lease agreement, if the lease is implicitly renewed, it shall be deemed that the lease was renewed under the same conditions as the former one, but the lessee may notify the lessor of the termination of the lease at any time. In such cases, the lessor shall become effective three months after the date of receipt of the notification
According to the above facts, the lease contract was legally renewed even after the expiration of the lease term, and it was legally terminated according to the notification of the lessee's termination.
Therefore, the lease contract was terminated on September 20, 2015 after three months from the defendant's notice of termination.
B. On June 2015, the Plaintiff paid rent, etc. up to the part of June 2015, and the subsequent unpaid amount is KRW 4,673,117 as follows:
(C) Rent and value added tax for July 2015, 1,640,378 Won 1,678 Won and value added tax for August 2015 (from August 29, 2015 to September 19, 2015) rent and value added tax for September 2015 (from August 29, 2015 to September 2015), electricity rent, 1,206,536 Won 41,99,312 Won for overdue interest for the unpaid rent of KRW 41,91 (2%).
C. Since the Defendant’s obligation to return the deposit is deducted from the deposit, the Defendant is unpaid from the deposit amount of KRW 30,000,000.