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1. The Defendants jointly and severally pay KRW 4,322,570 to the Plaintiff.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap's evidence, evidence Nos. 1, 2, 9, 10, 11, Eul's evidence Nos. 1 and 2, the purport of the whole pleadings);
A. On March 16, 2015, the Plaintiff entered into a lease agreement between the Defendants and the Defendants, under each special agreement, the lease agreement between the Plaintiff and the Defendants for the term of KRW 7 million, monthly rent of KRW 700,000,000,000, monthly rent of KRW 102,000 (hereinafter collectively referred to as “instant real estate”) and KRW 3 million, monthly rent of KRW 300,000,000, monthly rent of KRW 300,000, and April 30, 2017, each term of the lease agreement between May 1, 2015 and April 30, 2017, each lessee cannot request the lessor to complete the facility and the premium, the expiration date of the occupancy and use agreement is May 5, 2016 and the renewal agreement between the Government to determine the terms and conditions of the lease agreement.
(hereinafter “instant lease agreement”). B.
The Plaintiff occupied and used the instant real estate in accordance with the instant lease agreement, and the period of occupation and use of the instant real estate ends on May 5, 2016, and was not awarded a successful bid in the bidding on the instant real estate. As such, the instant lease agreement was terminated and retired from the instant real estate, and the amount of rent of KRW 5,677,430 was overdue from December 2, 2015 to May 5, 2016.
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the date of termination of the occupancy period of the instant real estate was the end of May 5, 2016, and concluded the instant lease agreement with the Government, and subsequently, the Plaintiff received 30,166,300 won from the instant real estate under the agreement to operate a store for at least five years as an entrusted agency of the Kti Company, and disbursed 30,16,300 won as the royalty cost, on the instant real estate upon the expiration of the occupancy period of the commercial building. As a result, the Plaintiff was bound to withdraw from the instant real estate before the termination of the lease period.