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1. Defendant B:
(a) at the same time receiving KRW 20,000,000, as well as in paragraphs (1) and (2) of the Schedule of Attached Real Estate;
Reasons
1. Basic facts
A. The Plaintiff is the owner of each building listed in the annexed real estate list.
On June 22, 2004, the Plaintiff leased each of the buildings listed in paragraphs 1 and 2 of the above list (hereinafter “instant one building”) to Defendant B. Since then renewal of the contract, the Plaintiff entered into a lease agreement with the end of July 1, 2013, up to KRW 20 million, monthly rent of KRW 20 million, and June 30, 2015.
Defendant B operated a Chinese restaurant from the building of this case, and the sum of the rent in arrears until January 2016 is KRW 16,800,000.
B. On June 28, 2006, the Plaintiff leased to D the buildings listed in paragraph (3) of the attached Table of Real Estate List (hereinafter “instant two buildings”) as KRW 300,000 per month rent without deposit and due date.
D has been in arrears since several years ago, and currently Defendant C, the wife of D, has registered its business in the name of “E” in the instant building and is operating its business.
C. On August 28, 2015, the Plaintiff notified the Defendants that they refuse to renew each of the above lease agreements.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings
2. Determination:
A. (1) Since the lease agreement on the instant building was terminated, Defendant B was obligated to pay the Plaintiff the amount of KRW 16,800,000 in arrears from the Plaintiff to the Plaintiff at the same time, and to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 28, 2016, the following day following the delivery of the written application for the purport of the claim and the cause modification, from April 28, 2016 to the day of complete payment, as well as the amount of KRW 2,00,000 per annum from February 1, 2016 to the completion date of delivery of the said building.
(2) As to this, Defendant B asserted that the above lease was renewed due to the lack of the Plaintiff’s notification of rejection of renewal, but the said lease was three.