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1. The Defendant shall pay to the Plaintiff KRW 7,525,786 as well as 20% per annum from May 22, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On September 11, 2007, the Plaintiff and the Defendant concluded a sub-lease contract (the sub-lease contract of this case) with a deposit of KRW 50,000,000, monthly rent of KRW 2,000,000, and 12 months for the period of 12 months as to Zone 2 of Seocho-gu Seoul (the commercial building of this case in the following below) Seoul Da-051-2 (the object of the lease of this case).
B. The Defendant, from the leased object of the instant case, operated the shopping mall in the name of the Plaintiff while renewal of the instant sub-lease agreement every year before commencing remodeling construction for the instant shopping mall.
(C) Since the Seoul Special Metropolitan City, the owner of the commercial building of this case, limited the sub-lease, the defendant had no choice but to operate the shopping mall under the name of the tenant.
On June 1, 2011, the remodeling was commenced on the instant commercial building, which was scheduled to be one year from June 1, 201, and the Plaintiff and the Defendant drafted a written agreement with the following major contents on May 30, 201 (the instant agreement) and verified it by D, a manager of the instant commercial building.
- A deposit deposited to the Defendant shall be kept by the Defendant during the construction period (from June 1, 201 to the date of re-entry after completion) (from June 1, 2011).
- The defendant shall ensure that the plaintiff is bound to re-enter the defendant.
- A store after re-entry shall be determined by mutual consultation, taking into account the business district recovery period.
The instant remodeling project was completed around June 28, 2012.
E. On July 19, 2012, the Defendant notified the Plaintiff of the termination of the instant sub-lease contract on the ground that Seoul Metropolitan Government did not recognize sub-lease, and deposited KRW 47,000,000 out of the instant deposit deposit at Sungwon District Court Sung-nam Branch on August 16, 2012.
(F) On November 18, 2013, the Plaintiff reserved an objection and received the said deposit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, Eul evidence No. 1, 2 and 3, the purport of the whole pleadings
2. Claim for damages.