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1. The Plaintiff:
A. 1 Defendant B’s KRW 45,140,00 and for this, KRW 5% per annum from November 1, 2013 to March 13, 2015.
Reasons
1. Facts of premise;
A. The Plaintiff is the owner of Dongdaemun-gu Seoul Metropolitan Government D Building 102, 204, 204 (hereinafter “instant store 204”) and 205 (hereinafter “instant store 205,” and the aforementioned two stores collectively referred to as “each of the instant stores”).
B. On August 22, 2011, between E and E, the Plaintiff entered into a lease agreement for 204 units of the instant store with a deposit of KRW 10 million, KRW 1.5 million per month, and KRW 1.5 million per month from July 30, 2011 to July 30, 2012. As regards the instant store 205, the Plaintiff entered into the lease agreement with a fixed period of 12 months from July 30, 201 to July 30, 201. As regards the instant store 205, the Plaintiff entered into the lease agreement with a fixed period of 10,000 won per month from August 15, 201 to August 15, 2012.
C. Defendant B entered into a lease agreement as an agent E at the time of each of the above lease agreements with the husband, and at each of the above stores, “F” was registered as a trade name and engaged in the wholesale and retail business of clothing. From April 2012, Defendant C and the above stores operated clothing wholesale and retail business at each of the above stores.
The Plaintiff notified E that the lease contract for each of the instant stores was terminated on June 19, 2012, on the ground that the lease contract was terminated for at least two consecutive years.
E. After the termination of the lease contract for each of the instant stores, the Plaintiff did not deliver the instant real estate to the Plaintiff by paying only KRW 1650,000,000 to the Plaintiff on July 18, 2012, and KRW 7 million on December 5, 2012. On May 2013, the Plaintiff filed a lawsuit against E seeking delivery of each of the instant stores as Seoul Northern District Court Decision 2013Gadan2581, and was sentenced in favor of the Plaintiff on September 27, 2013.
F. The Plaintiff paid 3,757,310 won (including overdue charge; hereinafter the same shall apply) for each of the instant stores from August 2012 to October 2013 (i.e., the store 2,271,040 won) (i.e., the store 205 No. 1,486,270 won).