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1. The Defendant shall pay to the Plaintiff KRW 162,602,839 as well as 20% per annum from January 1, 2016 to the day of complete payment.
Reasons
1. Chief;
A. On September 1, 2015, the Plaintiff and the Defendant concluded a lease agreement with respect to the commercial building D (hereinafter “instant building”) on the second floor on the Busan District C-gu, Busan District during the lease period from September 1, 2015 to December 30, 2015, the lease deposit of 30 million won, the monthly rent of 45 million won, and the overdue interest of 20% per annum at the time of the unpaid rent and management expenses (hereinafter “instant lease agreement”).
B. However, the Defendant did not pay the monthly rent of KRW 162,602,839 for the period of the instant lease agreement, such as paying only KRW 49,50,00 for monthly rent of KRW 49,50,00 for September 2015, and not paying management expenses of KRW 10,63,260 for the instant lease agreement.
C. Therefore, the Plaintiff seeks to pay to the Defendant the amount of KRW 162,602,839 and the amount equivalent to the agreed overdue interest rate.
2. Comprehensively taking account of the evidence Nos. 4, 8, and 9, the Defendant sought to conclude a lease agreement on the instant building with Nonparty E, the representative director of which was the Plaintiff, but the Plaintiff refused to do so, and the Plaintiff voluntarily concluded the instant lease agreement with the Plaintiff under the name of Nonparty F.
In addition, according to the contents of Gap evidence 3 (including the provisional number) and the purport of the whole pleadings, the defendant's unpaid monthly rent and management expenses are 162,602,839.
Therefore, the defendant is obligated to pay to the plaintiff 162,602,839 won with 20% interest rate per annum from January 1, 2016 to the date of full payment.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.