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1. The Defendant’s KRW 53,616,34 as well as the Plaintiff’s KRW 55% per annum from December 11, 2018 to November 6, 2019.
Reasons
1. Facts of recognition;
A. On November 13, 2006, the Plaintiff leased from the Defendant the 1 and 2th floor of commercial buildings (hereinafter referred to as the “instant building”) located in Young-si D, the Defendant owned by the Defendant (hereinafter referred to as the “instant building”), the lease deposit amount of KRW 90 million, the rent of KRW 310,000 per month (excluding value-added tax, the 15th day of each month), the lease term of KRW 3.1 million from November 13, 2006 to November 13, 2008.
(hereinafter “instant lease agreement”). B.
The Plaintiff paid all the lease deposit to the Defendant, and carried on the student uniforms sales business in the name of “E” at the above store after receiving the instant store from the Defendant.
C. On the other hand, on January 3, 2018, a compulsory auction commenced with the Suwon District Court F for the instant store, and G Co., Ltd. (hereinafter “Nonindicted Company”) purchased the said store on December 10, 2018 at the said auction procedure (hereinafter “related auction procedure”).
Accordingly, on January 29, 2019, the Plaintiff entered into a new lease agreement with the non-party company with the content that the Plaintiff leases the instant store from the non-party company with the lease deposit of KRW 10 million, KRW 3 million per month (in addition to value-added tax, KRW 29,000 per month), and the lease term from January 29, 2019 to January 28, 2020, and the Plaintiff continues to engage in the business of selling student uniforms at the said store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. Since the Plaintiff’s instant lease agreement terminated on November 13, 2018 with the expiry date, the Defendant is obligated to pay the Plaintiff the remainder of KRW 53,730,000,00,000, which is the rent of KRW 90,000,000, which is unpaid from the lease deposit.
B. The Defendant’s instant lease agreement constitutes an implied renewal, and the term of lease is until November 13, 2020, and the Plaintiff has the opposing power under the Commercial Building Lease Protection Act.