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1. The Defendant’s KRW 24,079,550 for the Plaintiff and KRW 6% per annum from May 10, 2016 to May 24, 2017.
Reasons
1. Facts of recognition;
A. The process of concluding a lease contract and sub-lease contract for approximately 22 square meters of the first floor of the building located in Seo-gu Daejeon District Office (hereinafter the store in this case) owned by the Defendant is as follows.
1) On July 21, 201, the Plaintiff entered into a lease agreement between the Defendant and the deposit amount of KRW 50 million, monthly rent of KRW 2.1 million (Additional tax Map), and the period from September 1, 201 to August 31, 2014 (hereinafter referred to as the “instant lease agreement”).
(2) On September 1, 2013, the Plaintiff paid the above deposit amount of KRW 50 million to the Defendant, and operated a mobile phone sales store at the said store. (2) On September 1, 2013, the Plaintiff entered into a sub-lease contract between D and D with the Defendant for a monthly rent of KRW 2.3 million, the sublease fee of KRW 1 million, and the period from September 1, 2013 to August 30, 2014, with the Defendant’s consent (it is alleged that the Defendant did not consent to the said sub-lease contract, but it is sufficiently recognized that the Defendant consented according to the entries in the evidence No. 9 and the testimony of D), and D operated a mobile phone sales store at the instant store.
3) On February 26, 2014, D, during the said sub-lease period, concluded a lease agreement between the Defendant and the Defendant on a deposit of KRW 50 million, monthly rent of KRW 2 million, and the period from September 1, 2014. D, at the Defendant’s request, paid KRW 20 million to the Plaintiff as the refund of the instant lease deposit. (iv) D paid monthly rent of KRW 50 million and sub-lease of KRW 4 months, but was in arrears for 4 months and closed a mobile phone sales business and closed the business on August 2014 at the instant store.
5) On August 23, 2014, the Defendant entered into a lease agreement between E and E, monthly rent of KRW 50 million, KRW 2.2 million (including value-added tax, and KRW 5 million out of the above deposit was paid to the Plaintiff as the return of the instant lease deposit at the Defendant’s request.
However, E has renounced the above contract.