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1. The Defendant paid KRW 6,210,310 to the Plaintiff KRW 5% per annum from February 25, 2014 to January 15, 2015.
Reasons
1. Facts of recognition;
A. On May 30, 201, the Defendant entered into a lease agreement with C to lease deposit of KRW 30,00,000, monthly rent of KRW 2,300,00 (management expenses shall be borne by the Defendant) and from May 30, 201 to May 30, 2013, with the term of lease of KRW 30,00,00 (management expenses shall be borne by the Defendant) and from May 30, 201 to May 30, 2013, the Defendant: (a) entered into the lease agreement with C for the lease of KRW B10-1, B11-1, B11-1, and B12-1 (hereinafter “instant lease agreement”); (b) around that time, the Defendant transferred the said store and operated the restaurant of “D and E”; (c) closed the lease agreement and delivered the said store to C on June 2013.
B. The Plaintiff is the managing body of the ASang where the instant store belongs, and the Defendant did not pay to the Plaintiff totaling KRW 6,210,310 for the management expenses (including delayed fees) incurred in relation to the instant store during the period from October 2012 to June 2013.
[Ground of recognition] Facts without dispute, Gap3, 8 evidence, Eul evidence 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Under the instant lease agreement, the Defendant paid management expenses to the Plaintiff, which is the managing body of A, and accordingly, the Defendant paid management expenses to the Plaintiff, who is the managing body of A, for a period of time, and on April 3, 2012, a letter of commitment that KRW 1,075,010, which is the unpaid management expenses at the time of the Plaintiff, should be paid to the Plaintiff up to April 16, 2012 (Evidence A), was made between the Plaintiff and the Defendant, in view of the fact that the agreement between the Defendant and the Defendant under the instant lease agreement that the Defendant would pay management expenses incurred during the use and profit-making of the instant store under the instant lease agreement, was reached (only if this is not so, the Defendant assumes the obligation to pay management expenses incurred during the instant lease agreement from C and accepted the said obligation by the Plaintiff, and ultimately, the Defendant is liable to pay the said management expenses to the Plaintiff).