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1. The defendant shall pay 21,120,000 won to the plaintiff and 20% per annum from November 19, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 26, 2010, the Defendant leased the Eunpyeong-gu Seoul Metropolitan Government Dtawork 1001 (hereinafter “instant store”) for 15 million won as lease deposit, monthly rent of 800,000 won (excluding surtax), and for 24 months from October 12, 2010 to October 11, 2012.
(hereinafter “instant lease agreement”). B.
On November 18, 2010, the provisional attachment No. 2010Kadan51058 and the provisional attachment No. 2010Kahap962 with respect to the store of this case was completed on November 24, 2010. On January 7, 2011, Seoul Western District Court E-Order of Voluntary Auction (post withdrawal) and again, on September 8, 2011, the auction procedure was conducted on September 29, 201 with respect to the decision of voluntary auction of the court F-Order of auction, and was sold to G on October 29, 2012.
C. The Defendant did not pay C the said provisional attachment on the instant store, the decision to commence voluntary auction, etc. immediately after the instant lease agreement was concluded.
Notwithstanding the above sale, the defendant was recognized as a lessee with opposing power, and G and the defendant entered into a new lease agreement on the store of this case with the period from January 30, 2013 to January 29, 2015, by setting the lease deposit of KRW 15 million, monthly rent of KRW 900,000,000 from January 30, 2013 to January 29, 2015. At the time, the deposit of KRW 15,00,000 under the above lease agreement between C and the defendant was substituted by the payment to G.
After that, on November 17, 2013, the Defendant agreed to enter into an agreement with G while closing a pharmacy.
E. On December 27, 2012, C transferred to the Plaintiff the refund claim amounting to KRW 24,441,191, totaling KRW 21,120,00 (the monthly rent of KRW 880,00,000, including additional tax x 24 months) and KRW 24,441,191, including the credit on the payment of the base overdue management fee in lieu of the base overdue management fee, on March 2012, and notified the Defendant on February 4, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6-1 through 3, Eul evidence Nos. 2, 4, 5 and 7, and the purport of the whole pleadings
2. Determination as to the cause of claim
(a) unpaid.