beta
Text
1. The Defendant shall pay to the Plaintiff KRW 42,838,709 and the interest rate of KRW 15% per annum from April 4, 2019 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On September 25, 2017, the Plaintiff leased a lease deposit of KRW 1,400,000,000, monthly rent of KRW 16,000,000, and from October 1, 2017 to September 30, 2018, the lease term of KRW 628.102,00 square meters in a ship (hereinafter “instant funeral hall”) connecting each point of Annex 1,2, 3, 4, 4, and 1,000 square meters in sequence, among the real estate listed in Annex 1, to the Defendant (hereinafter “instant lease contract”), and around that time, the Plaintiff transferred the instant funeral hall to the Defendant.
B. On August 6, 2018, the Plaintiff made a public notice of bidding on the operation and management of the funeral hall of this case (lease period: from October 1, 2018 to September 30, 2019) and participated in the said bidding by the Defendant, but the Defendant was not selected as a successful bidder.
C. Accordingly, on September 6, 2018, the Plaintiff notified the Defendant of the bid result, and on September 21, 2018, notified the Defendant that the instant lease agreement expired on September 30, 2018.
The Defendant occupied and used the instant funeral hall even after September 30, 2018, and operated the funeral hall, and delivered the instant funeral hall to the Plaintiff on December 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the facts of the above recognition, the instant lease agreement was terminated on September 30, 2018, and the Defendant occupied and used the instant funeral hall even after September 30, 2018, which was the end of the instant lease agreement, and operated the funeral hall and delivered the instant funeral hall to the Plaintiff on December 21, 2018, as seen earlier. Thus, the Defendant is deemed to have earned profit equivalent to the rent of the instant funeral hall and suffered loss equivalent to the Plaintiff by occupying and using the instant funeral hall from October 1, 2018 to December 21, 2018, and the amount equivalent to the rent of the instant funeral hall is equivalent to the Plaintiff.