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1. The Defendant’s KRW 51,500,000 as well as 5% per annum from December 3, 2015 to April 21, 2016 to the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 16, Eul evidence 1-1 to 12, and Eul evidence 2:
The Plaintiff, at the request of C on June 19, 2012, leased 101 of the building located in Yeonsu-gu Incheon Metropolitan City E (hereinafter referred to as “the building of this case”) from D to KRW 100 million as the lease deposit (the remainder of KRW 50 million shall be immediately paid, and the remainder of KRW 50 million shall be paid in installments in six months), KRW 4.5 million as the monthly rent (excluding value-added tax), and the lease period from June 17, 2012 to June 17, 2014.
B. Around June 2012, the Defendant and C began to operate a mobile phone sales store with the name of F after moving into the instant building after performing interior interior interior interior interior interior interior interior works at the Defendant’s expense.
C. On January 1, 2013, the Plaintiff demanded the Defendant to leave the building of this case as the lessee, and the Defendant confirmed that the Plaintiff is the lessee upon confirmation, and, on February 20, 2013, the Plaintiff again drafted a cash storage certificate (Evidence A (Evidence A) around March 18, 2013, to pay KRW 4.5 million monthly rent and KRW 50 million as interest for the lease deposit paid by the Plaintiff, and KRW 50 million as interest for the lease deposit paid by the Plaintiff, with the intention to lease the building of this case from the Plaintiff around February 20, 2013.
[2] Accordingly, around February 20, 2013, the Defendant paid monthly rent of KRW 4.5 million and interest of KRW 1 million per month to the account of the Plaintiff and the Plaintiff’s Dong G. On or around October 2013, the Defendant left the instant building by means of remitting the monthly rent of KRW 4.5 million to the account of the Plaintiff and the Plaintiff’s Dong G.
D, around January 21, 2014, sought delivery of the instant building against the Plaintiff on the ground that the Plaintiff delayed monthly rent, etc. from around January 21, 2014.