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1. The Defendant’s KRW 45,00,000 and its related amount are 5% per annum from September 21, 2013 to March 19, 2015 to the Plaintiff.
Reasons
1. The following facts of recognition may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4.
Around June 2008, the Defendant agreed to obtain a loan of KRW 60 million from the Korea Land Corporation. The Korea Land Corporation entered into a real estate lease agreement with D, the owner of the building in Nam-gu Incheon Metropolitan City, on June 23, 2008, to use KRW 122.5 square meters of the fourth floor of the building (hereinafter “instant real estate”) for a deposit of KRW 60 million and the period from June 27, 2008 to June 26, 2010.
At the time, the Defendant, who actually moved into the house of this case, entered into a lease contract with the lessee and the occupant.
B. On June 25, 2008, on the instant real estate, the registration of the establishment of chonsegwon was completed with the premise right holder of the Korea Land Corporation, the deposit money for lease on a deposit basis as the 60 million won.
C. On August 18, 2008, the Plaintiff entered into a contract with the Defendant to rent the instant real estate from the Defendant by setting the deposit amount of KRW 45 million from September 20, 2008 to September 20, 2010, and paid KRW 45 million to the Defendant the sublease deposit.
The sub-lease contract of this case was explicitly renewed thereafter, and around May 2013, the plaintiff notified the defendant that he will not extend the period of time if it was made on September 20, 2013, and the defendant consented thereto.
2. According to the above facts of recognition, since the sublease contract for the instant real estate between the Plaintiff and the Defendant has been lawfully terminated, the Defendant is about the promotion of the lawsuit from September 21, 2013 to September 19, 2015, which is the day following the expiration of the sublease period, to the Plaintiff as to the existence and scope of the Defendant’s obligation to repay, and from March 19, 2015, the amount of 5% per annum under the Civil Act and the next day to the day of full repayment.