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1. The Defendant’s KRW 77,609,267 as well as the Plaintiff’s KRW 5% per annum from December 25, 2018 to August 21, 2019.
Reasons
Facts of recognition
On February 3, 2006, the Plaintiff was a lessee who leased a 57-year entertainment tavern store (hereinafter “instant store”) located in the building located in Gangnam-gu Seoul Special Metropolitan City from the Association on February 3, 2006, and concluded and sublet a one-year sublet contract with the Defendant from October 21, 201.
According to a sublease contract between the Plaintiff and the Defendant concluded on October 21, 2017, a sub-lease deposit is KRW 60,000, a pre-lease deposit is KRW 10,500,000 per month, and the period of sub-lease is from October 21, 2017 to October 20, 2018, and the name of the business operator is the name of the sub-lease under a special agreement between the parties, and the name of the business operator is the name of the sub-lease under the agreement between the parties, and all expenses and public charges incurred in operating the place of business are paid by the sub-lessee, and all taxes, etc. are calculated annually by calculating the annual amount of taxes, etc. and to be paid at the 21st day of
(2) The Plaintiff and the Defendant agreed to pay an amount equivalent to 17.7% of the Defendant’s monthly sales (hereinafter “agreement tax”) in order to pay various taxes, such as special consumption tax, value-added tax, business income tax, global income tax, etc. arising from the Defendant’s operation of entertainment tavern in the instant stores from 2011 under the instant sublease contract. The Defendant has paid the Plaintiff the agreed tax along with the monthly rent payment.
Since July 21, 2018, the Defendant did not pay monthly rent, taxes, public charges, etc., following the end of the period of the instant sub-lease contract on October 20, 2018. On December 24, 2018, the Defendant: (a) delivered the instant store to the Plaintiff on December 24, 2018; and (b) the amount of rent, etc. that the Defendant did not pay to the Plaintiff was the sum of KRW 161,729,556 (i.e., KRW 53,854,838 agreed on KRW 91,738,038 and other public charges, etc. (i.e., KRW 16,136,680).
Rent 53,854,838 won from July 21, 2018 to December 24, 2018.