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1. The Defendant shall pay to the Plaintiff KRW 95,613,546 and KRW 77,440,00 among them, 15% per annum from September 15, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On August 21, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Geumcheon-gu Seoul Metropolitan Government on approximately 55 square meters of the first floor of the factory building 336-35, Geumcheon-gu (hereinafter “instant leased building”).
(1) Lease deposit: From September 15, 2014 to September 14, 2016, the lease deposit: 300,000 won per month, and management expenses: 20,000 won per month: Provided, That value-added tax on the rent and management expenses shall be separately paid.
B. From November 15, 2014, when the Defendant delayed rent, etc., the Defendant removed the instant leased building from the house, machinery and equipment around November 14, 2015, and did not use or profit from the instant leased building from around that time. On November 26, 2015, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the ground of restructuring, etc. due to business deterioration.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. From November 15, 2015, the Defendant notified the Plaintiff of the termination of the instant lease agreement and did not take profit from the use of and taking profit from the instant leased building from around November 15, 2015, as seen earlier, the Defendant’s notice of termination cannot be deemed a lawful termination. Therefore, the Defendant is obliged to pay the Plaintiff rent and management expenses up to September 14, 2016, which is the expiration date of the instant lease agreement pursuant to the instant lease agreement.
The evidence Nos. 4 and 5 provides that, in full view of the purport of the entire pleadings, the rent and management expenses accrued by the Defendant from November 15, 2014 to September 14, 2016, the sum of KRW 77,440,000, and the agreed damages for delay from September 14, 2016, with respect to the rent and management expenses in arrears, shall be the sum of 13,601.