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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from August 25, 2012 to August 9, 2016, and the following.
Reasons
1. Facts of recognition;
A. On July 24, 2012, the Plaintiff: (a) deposited KRW 30,000,000, monthly rent, and KRW 2,000,000 from the Defendant on July 24, 2012, the Defendant leased the instant building from C (hereinafter “instant building”); and (b) the Defendant received KRW 30,00,000,00 from the Plaintiff pursuant to the instant sub-lease agreement.
B. The instant sub-lease contract provides, “The rent shall be deferred by one year, but may be paid at any time,” as a special agreement, with respect to the rent,” and the Plaintiff paid KRW 2,000,000 to the Defendant.
C. The Defendant’s lease of the instant building from C was based on a joint agreement concluded on July 24, 2012 between the Defendant and the Defendant’s father, E, and F and C. However, around August 2012, E, the Defendant’s father, was voluntarily detained, and the said joint agreement was de facto null and void.
As a result, around August 24, 2012, the Plaintiff concluded a lease contract again by setting the lease contract amount of KRW 30,000,000 with respect to the instant building as KRW 30,000, and the date of the contract was set up retrospectively on July 12, 2012.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-4, Eul evidence Nos. 3 and 4, Eul's testimony, the purport of the whole pleadings
2. According to the facts found in the judgment on the cause of the claim, since the defendant, immediately after the conclusion of the sub-lease contract in this case, became unable to perform the obligation of the plaintiff to use and make profits from the building in this case under the sub-lease contract in this case, and the sub-lease contract in this case has been terminated, the defendant is obligated to refund the deposit to
Therefore, the Defendant terminated the sub-lease contract for KRW 30,00,000 and the sub-lease contract of this case for the Plaintiff. From August 25, 2012 to August 25, 2012, the Defendant is obligated to perform its obligation.