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1. The Defendant’s KRW 10,193,00 for the Plaintiff and 5% per annum from December 29, 2015 to January 19, 2017.
Reasons
1. Basic facts
A. On January 6, 2015, the Plaintiff concluded a lease deposit of KRW 35 million, monthly rent of KRW 1.2 million (excluding value-added tax), and the lease term of November 20, 2015 (hereinafter “instant lease contract”) with respect to the commercial building located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant commercial building”). The Plaintiff leased the instant commercial building from the Defendant and engaged in the wholesale and retail business in the name of “D”.
B. On September 15, 2015, the Defendant notified the Plaintiff that he would terminate the instant lease agreement and simultaneously refund the lease deposit upon the expiration of the lease term of the instant lease agreement.
C. On November 20, 2015, the Defendant returned KRW 35,000,000 to the Plaintiff and was handed over the instant commercial building from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Occurrence of liability for damages;
(a) The following facts may be acknowledged in full view of Gap evidence 8-1 through 3, Gap evidence 16-1 through 6, Gap evidence 18, 21, and 22, and witness E's testimony, and the purport of the whole pleadings:
1) Following the Defendant’s explicit intent to refuse the renewal of the instant lease agreement, the Plaintiff concluded a lease agreement with F on June 2, 2015 to rent 16 square meters of the building that did not fall far away from the instant commercial building from August 27, 2015. (2) After June 2, 2015, the Plaintiff requested the Plaintiff to recruit new lessee to acquire the instant commercial building license to the neighboring real estate brokerage office, including G Licensed Real Estate Agent E operated by the Licensed Real Estate Agent E.
3. On June 2015, the Plaintiff agreed to transfer H and the instant commercial building as the broker of E to KRW 35 million, monthly rent of KRW 1.8 million, premium of KRW 20 million, and the Defendant as above.