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1. The Defendant’s KRW 11,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 9, 2016 to January 18, 2018.
Reasons
1. Facts of recognition;
A. On September 12, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the eight-story stores of the first floor of the building in Ulsan-gu, Ulsan-gu (hereinafter “instant store”) by setting the lease deposit of KRW 35 million, monthly rent of KRW 1.2 million, and the period from September 22, 2014 to September 21, 2016 (hereinafter “instant lease agreement”).
B. Under the instant lease agreement, the Plaintiff paid KRW 35 million to the Defendant, and used the instant store as a clothes sales store upon delivery. On September 21, 2016, the Plaintiff agreed with the Defendant to extend the term of the instant lease agreement for one year.
C. On October 24, 2016, the Plaintiff requested the Defendant to terminate the instant lease agreement by asserting business difficulties, and the Defendant also accepted the Plaintiff’s request. On November 23, 2016, the Plaintiff delivered the instant store to the Defendant, and returned the remainder after deducting some of the overdue rent, etc. from the said lease deposit.
On November 3, 2016, the Plaintiff entered into a contract with D to transfer all the facilities and goodwill of the instant store to D with the price of KRW 22 million (hereinafter “the instant premium contract”).
D paid KRW 2.2 million to the Plaintiff on the same day as the down payment in accordance with the premium contract of this case.
E. D attempted to operate a game room in which a man-made entertainment machine is installed at the instant store (hereinafter “the game room for man-made extraction”). On November 2016, the Plaintiff requested the Defendant to the effect that “A person who intends to operate a man-made extraction room at the instant store shall be allowed to transfer the right to the instant store to the person who intends to operate a man-made extraction room at the instant store.” However, the Defendant rejected the request by stating that “the operation of a man-made extraction room at the instant store is not permitted.”
F. The Plaintiff’s repeated request is also made.