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1. The Defendant shall pay to the Plaintiff KRW 613,660,005 as well as KRW 554,100,000, among the costs, from January 1, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 5, 2013, between the Defendant and the Defendant, the Plaintiff concluded a lease contract with the Defendant for the following period: (a) the land building on the land of 497-3, Young-gu, Young-gu (excluding the third floor dormitory 13 square meters among them); (b) the lease deposit amount of KRW 220,000,000; and (c) the rent from July 29, 2013 to June 30, 2015 (excluding value-added tax; hereinafter the same shall apply); (d) the lease contract from July 1, 2015 to June 30, 2017; and (e) the lease contract from July 1, 2017 to June 30, 2018 to June 30, 2005 to June 30, 2005 to June 30, 2018 (hereinafter “the lease contract”).
B. At the time of entering into the instant lease agreement, the Plaintiff agreed with the Defendant to pay late payment charges as prescribed by the Plaintiff within the statutory interest rate (hereinafter “instant late payment agreement”) when the Defendant delayed the payment of the rent under the instant lease agreement.
C. Meanwhile, the Defendant did not pay a total of KRW 554,100,000 as stated in the rent payment status by December 31, 2016.
2. Determination
A. According to the above facts as to the claim for rent, the Defendant is obligated to pay the Plaintiff the sum of KRW 554,100,000,000, not paid until December 31, 2016 under the instant lease agreement.
B. As above, at the time of entering into the instant lease agreement, the Plaintiff entered into an agreement with the Defendant to pay the late payment charge as prescribed by the Plaintiff within the statutory interest rate in the event the Defendant delayed payment of the rent under the instant lease agreement, and comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 2-1 and 2-2, the Plaintiff determined that the interest rate of 25% per annum as stipulated in Article 2(1) of the Interest Limitation Act shall apply to the late payment charge in accordance with the instant late payment charge agreement.