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1. The Defendant’s KRW 31,002,581 as well as the Plaintiff’s annual rate from May 29, 2018 to November 1, 2018.
Reasons
1. Facts of recognition;
A. On September 12, 1998, the Plaintiff leased the lease term of 30 square meters of the second floor office in Seongbuk-gu Seoul DD Building owned by the Defendant from September 1, 1998 to August 31, 200, the lease deposit amount of 40,000 won, the lease deposit of 40,000 won per month (the additional tax is separate, the last day of each month), the management expenses (the additional tax is paid) and the 240,000 won per month (the last day of each month, the payment for the last day of each month).
(2) The Plaintiff agreed to install a 9M-type steel tower on the rooftop of the said building and to pay 200,000 won per month to the Defendant at a fee under the terms and conditions of the said lease agreement.
(hereinafter referred to as the “instant rooftop use contract” and collectively referred to as the above two contracts. Accordingly, the Plaintiff installed and operated communications equipment in the instant office, and installed 9M-type steel tower and brin cable on the instant rooftop.
B. Article 12 of the instant office rental contract provides that “When the Plaintiff considers it difficult for him to achieve the object of lease due to the internal circumstances, such as changes in the establishment plan or changes in the business policy, etc., the termination of the contract may be notified in writing.” The contract shall be deemed terminated at the time two months have elapsed from the time of notification. In this case, the Plaintiff shall, upon the Defendant’s request, pay rent for one-month and one percent of the deposit as compensation.
C. On August 26, 2016, while the Plaintiff and the Defendant continued to renew each of the instant contracts, the Plaintiff and the Defendant drafted a re-contract agreement with the lease deposit amounting to KRW 40 million from September 1, 2016 to August 31, 2018, the lease deposit amounting to KRW 450,000 per month for the office rent amounting to KRW 650,000 per month (excluding surtax) and the management fee for the office, and KRW 400,000 per month for the rooftop rent amounting to KRW 40,000 per month (excluding surtax).
The provisions of the above sub-contract are not modified in the original agreement.