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The defendant shall pay to the plaintiff KRW 15,823,160 and KRW 8,965,00 among them, from October 29, 2019, KRW 6,858,160.
Reasons
1. Facts of recognition;
A. On February 28, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the building of the C factory in the subordinate city owned by the Plaintiff (hereinafter “instant factory”) was leased KRW 15 million, monthly rent of KRW 2,145,00 (including surtax, monthly rent of KRW 1), and the period from March 1, 2017 to February 28, 2019 (hereinafter “instant lease agreement”).
B. On November 22, 2017, the Defendant: (a) installed a container at the instant factory parking lot without the Plaintiff’s consent; (b) concluded a sublease contract between D Co., Ltd. (hereinafter “D”) and D Co., Ltd. with a monthly rent of KRW 250,000 and the period from December 1, 2017 to August 31, 2018; and (c) the Defendant agreed to pay the Plaintiff KRW 100,000,000 out of the rent stipulated in the instant sublease agreement with the Plaintiff (hereinafter “instant sublease agreement”).
C. D has occupied the aforementioned container even after the expiration of the lease contract period in this case. The Defendant paid to the Plaintiff KRW 51,480,000 out of the total rent (=2,145,000 x 24 months) incurred under the lease contract in this case from the date of delivery of the instant factory to February 28, 2019 (i.e., 2,145,000 x 24 months), and KRW 1,500,000 out of the total rent due to the agreement to pay rent for the said period (= KRW 1,50,000 x 15 months).
Although the term of the instant lease agreement expired, the Defendant did not leave the factory of this case, and on June 12, 2019, transferred the location of the Defendant’s headquarters from Gangnam-gu Seoul to the factory of this case, and occupied the factory of this case by the end of September 2019.
Meanwhile, the Defendant paid KRW 6,965,000 to the Plaintiff as the rent for the instant factory from May 7, 2019 after the expiration of the instant lease agreement.
E. On September 18, 2019, the Defendant’s removal of a factory on behalf of the Defendant to the Plaintiff is the cost of the removal.