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1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s KRW 20% per annum from August 21, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. On November 30, 2010, the Plaintiff entered into a lease agreement with a lessor of Mapo-gu Seoul Metropolitan Government D large 602 square meters (hereinafter “instant site”) and two-story housing and neighborhood living facilities (hereinafter “instant building”) constructed on the said land, jointly owned by the lessor C, (hereinafter “instant lease agreement”) with the lessee, with a deposit of KRW 40 million, monthly rent of KRW 320,000,000, and the term of lease from December 1, 2010 to November 30, 2011 (hereinafter “instant lease agreement”).
The expiration date of the instant lease agreement, which has been renewed several times, was May 31, 2014, and the instant building became March 31, 2014.
B. On February 12, 201, the Plaintiff entered into a sublease contract with the former lessee, which sets forth a deposit of KRW 40 million, monthly rent of KRW 4.5 million with respect to the instant building and the instant site, and entered into a sublease contract which sets forth a deposit of KRW 10 million, monthly rent of KRW 10 million, and KRW 1 million with respect to the remainder of the instant parking lot (hereinafter “sublease contract”).
C The lessor consented to the conclusion of the sub-lease contract of this case.
On the other hand, the sub-lease contract of this case has been renewed again, and the monthly rent of the sub-lease became a total of five million won.
C. The Defendant is operating a cafeteria mutually "E" while occupying and using the object of the instant sub-lease contract.
From October 2014 to August 12, 2015, the Defendant did not pay the Plaintiff the monthly rent of the sub-lease. The amount of monthly rent (including value-added tax) for the sub-lease period from October 2014 to August 12, 2015 is 52 million won in total (=5 million won x 100,000 won in value-added tax x 500,000 won in addition tax x 4).
C. (1) On December 2013, 2013, a lessor notified the Plaintiff of his/her oral intent to refuse to renew the instant lease agreement, and sent a certificate to deliver the instant building and site to the Plaintiff by March 31, 2014, and then on October 7, 2014, the lessor transferred the instant sub-lease object to the Defendant.