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1. The Defendant: (a) KRW 18 million to the Plaintiff; and (b) 5% per annum from March 11, 2016 to May 11, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 23, 2008, the Plaintiff: (a) from the Defendant on December 23, 2008, leased (hereinafter “the instant lease”) a deposit of KRW 84.7 million for the first floor of the building 102 in Gangnam-gu Seoul, Seoul (in the three partitions of the first floor shop in the front floor of the building; hereinafter “instant store”); (b) the monthly rent of KRW 3.2 million for the period from December 23, 2008 to December 22, 2010 for the period from December 23, 2008 to December 22, 2010; (c) the management fee of KRW 580,000 per month including the additional tax (the amount excluding the additional tax is 527,273 won); and (d) the payment of the management fee of KRW 9.
12. The contract was concluded to increase 10% when the contract expires.
(However, the date of preparation of the attached special agreement attached to the instant lease agreement is written on March 23, 2009).
The lease of this case was renewed without preparing a separate contract, and it was terminated on March 10, 2016. The Plaintiff paid 4.1 million won monthly rent, etc. to the Defendant (i.e., KRW 3., KRW 3.2 million per month (= KRW 5.80,000,000,000 including the surcharge of KRW 3.2 million per month), and paid 4.4 million per month from January 2012 to the end of the lease of this case (i.e., KRW 4., the rent and the management fee of KRW 4 million).
C. Meanwhile, prior to the termination of the lease of this case, the Plaintiff agreed to pay the Defendant KRW 18 million, separately from the rent specified in the foregoing Paragraph (b) (hereinafter “instant agreement”). Under the instant agreement, the Plaintiff paid KRW 18 million as a check (the date of issuance of a check is February 18, 2016) to the Defendant, and received the deposit from the Defendant upon the termination of the lease of this case.
As of February 18, 2016, the new lessee of the instant store entered into a lease agreement with the Plaintiff on the acquisition and transfer of the right of KRW 1.7 million for the premium (facilities) with the Defendant, the deposit amount of KRW 87 million with the Defendant, and the rent of KRW 4.4 million for each month (=the value added to the management fee of KRW 3.2 million for the rent of KRW 3.2 million (the value added to the management fee of KRW 3,200,000 for the rent of KRW 3.2 million), and the said lease agreement was concluded.