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1. The defendant shall pay 35,171,400 won to the plaintiff and 12% per annum from June 5, 2019 to the day of complete payment.
Reasons
1. On January 20, 2016, the Plaintiff, the owner of the real estate listed in the attached list of basic facts (hereinafter “instant store”) entered into a lease agreement with the Defendant, setting the lease term as KRW 50,000,000, monthly rent from February 15, 2016 to February 14, 2018, and KRW 4,000,00 (Additional Tax, KRW 15,000,000).
The Defendant paid the deposit to the Plaintiff and received the delivery of the instant store, and only paid the difference of eight months from February 15, 2016 to October 14, 2017, and did not pay the difference entirely from October 15, 2017.
The defendant did not pay the management expenses from April 2017 to February 2018 and did not pay 14,771,400 won of the total management expenses.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 70,400,000 won for rent corresponding to the portion of 16 months other than eight months during the contract term of 24 months (=4,400,000 won x 16 months) x 14,771,400 won for unpaid management expenses, and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from June 5, 2019 to the date of full payment, as sought by the plaintiff.
3. The Defendant’s argument as to the Defendant’s assertion: (a) used the instant store as a private teaching institute’s publicity and convenience store; (b) received the Plaintiff’s notice of termination of delay; (c) removed all the facilities inside the instant store on August 31, 2017 and delivered the key thereof to C managing the instant store; (d) on September 1, 2017, the Plaintiff was able to use and benefit from the instant store; and (e) accordingly, the Defendant is obliged to pay only the unpaid rent to the Plaintiff until August 31, 2017.
Modern, A. 5.