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1. Defendant B shall pay to the Plaintiff KRW 258,008,279 as well as 20% per annum from May 9, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On October 2012, the Plaintiff leased the land and buildings in Scheon-si C (hereinafter “instant real estate”) from Hyundai EM Co., Ltd. by setting the deposit amount of KRW 300 million, monthly rent of KRW 45 million, and the lease period of KRW 300 million as of December 31, 2013.
B. However, around July 2013, prior to the expiration of the above lease term, the Plaintiff concluded a sublease contract (hereinafter “instant sublease contract”) with Defendant B and the sub-lease period from August 1, 2013 to December 31, 2013, setting the monthly rent as KRW 45 million.
Of the total sublease fee of KRW 225 million (=45 million x 5 months x separate value-added tax), 100 million won was paid until August 20, 2013, and the remainder of KRW 125 million was paid until September 20, 2013, respectively, and various public charges (excluding value-added tax) such as electrical safety appointment expenses and power expenses were paid separately from rents.
C. At the time of entering into the sub-lease contract of this case, Defendant B entered “E” (the entry itself is referred to as “F” but it appears to mean “E” in light of the lessee’s resident registration number and the result of Defendant B’s personal examination) in the lessee’s resident registration number column, and entered the location of the above E and the name and telephone number of the Defendant A in the address column. From September 1, 2013 to December 31, 2013, the instant real estate was actually used by E Co., Ltd. (the establishment of September 1, 2013) established with Defendant A as the representative director, as well as the total of sub-lease fees and various public charges under the sub-lease contract of this case from Defendant A or Defendant B, 258,008,07, 209, 205, 2005, 205, 2015, 205, 2005, 2005, 2015, 2005, 2005, 15, 106.