beta
Text
1. The Defendant shall pay to the Plaintiff KRW 182,613,965 and the interest rate of KRW 15% per annum from January 25, 2018 to the day of full payment.
Reasons
1. Basic facts
A. On March 24, 2014, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant building”), concluded a lease agreement with the term from April 30, 2014 to April 29, 2019, setting the deposit amount of KRW 300 million, monthly rent of KRW 18 million, and the term from April 30, 2014 to April 29, 2019.
B operated a restaurant with the trade name “A” in the instant building, but the said lease agreement was terminated on November 23, 2016 by the Plaintiff’s notice of termination on the ground of the unpaid rent in B.
B. From July 15, 2016 to July 18, 2016 without the Plaintiff’s consent, the Defendant (formerly, Co., Ltd.) set out a deposit of KRW 200,000 square meters among the 604.18 square meters of the instant building as KRW 30 million, the rent of KRW 6 million, and the period from August 31, 2016 to August 31, 2018. From September 2016 to “C”, the Defendant (formerly, Co., Ltd) was operating a restaurant with the trade name of “C”, and thereafter acquired the entire building from “A” from “B” to “from November 24, 2016 to December 31, 2016.
C. On January 1, 2017, the Plaintiff entered into a lease agreement with the Defendant and the instant building with a deposit of KRW 200 million (in the event of a contract, the balance of KRW 50 million shall be paid on February 28, 2017), monthly rent of KRW 13 million (in the event of a contract, additional tax is exempted, two months from the date of conclusion of the contract), and the period from January 1, 2017 to December 31, 2018 (hereinafter “instant lease agreement”). In the event the Defendant fails to pay the balance of the deposit 14 days after the date of payment, the instant lease agreement is automatically terminated.
The Plaintiff, around January 1, 2017, between B and the Defendant, and the Defendant’s internal director D, shall pay to the Plaintiff KRW 36.6 million, which was unpaid to the Plaintiff on October 201 and November 201 of the same year, jointly and severally with B and D, and the Defendant shall pay the Plaintiff KRW 36.6 million out of the lease deposit when the Defendant entered into a new lease agreement with respect to the entire building of this case.