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1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s KRW 20% per annum from July 10, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. On February 21, 2014, the Plaintiff, from the Defendant, set the rent of KRW 70,000,000 for the front deposit, monthly rent of KRW 3,300,000 (excluding value-added tax) and the sublease period from February 24, 2014 to February 23, 2015, the Plaintiff was transferred from the Defendant to February 23, 2015.
(hereinafter referred to as “instant sublease contract”). (b)
On May 31, 2012, the Defendant leased 21 stores, including the instant real estate, located in Jung-gu, Seoul, Seoul, from C and 17, a sectional owner (hereinafter “C, etc.”). However, on March 2013, the Defendant delayed rent from around March 2013, and the lease term expired around August 2013.
C. On August 6, 2013, C, etc. notified the Defendant that the said lease was terminated on the grounds of delinquency in rent at least twice. On July 15, 2014, C, etc. filed a claim suit against the Plaintiff and the Defendant, as Seoul Central District Court Decision 2014Ka151227.
The above warden was served on the Plaintiff on August 29, 2014.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 8 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, the lease contract concluded between C, etc. and the Defendant was terminated by the declaration of termination of August 6, 2013, and as the lessor C, etc. demanded the Plaintiff, a sub-lessee, to transfer the instant real estate on August 29, 2014, and thus the Defendant, the sub-lease, as the lessee, was unable to perform its duty to allow the Plaintiff, a sub-lessee, to use and benefit from the instant real estate, the instant sub-lease contract was terminated at that time.
Therefore, the Defendant’s claim against the Plaintiff for the deposit KRW 70,00,000 and the amount calculated by applying the same to the Plaintiff at the rate of 20% per annum from July 10, 2015 to September 30, 2015, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment, and 15% per annum from the next day to the date of full payment.