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1. The Defendant’s KRW 241,975,975 as well as 5% per annum from June 13, 2017 to November 29, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. At the time of the Plaintiff for the purpose of the Simarket business, etc., he was a guardian club, but thereafter, he was changed to Embser, Embser, Ebsium, and the current trade name. On September 11, 2006, the Plaintiff leased from the Plaintiff’s claim on September 11, 2006 the deposit amount of KRW 330 million, rent of KRW 118-125 (hereinafter “103, etc.”) to KRW 5,500,000 per month as of the end of each month. On the same day, the Plaintiff leased the above B building No. 102 (hereinafter “102”), and 103 et al. (hereinafter “the instant commercial building”).
B. Around 2012, the Plaintiff and the Defendant agreed to the effect that “the Defendant succeeds to the lessor status of the lease agreement on 103 et al., the deposit is KRW 1.03 billion, the rent is KRW 2.2 million per month (including value-added tax). In the future, if the Defendant owns 102, the Plaintiff and the Defendant entered into a lease agreement on 102 the deposit amount of KRW 1.68 billion as to 102, and the period of the lease agreement and the lease agreement on the instant commercial building shall be until September 25, 2016” (hereinafter “instant lease agreement”).
C. Under the instant lease agreement, the Plaintiff paid to the Defendant a deposit of KRW 700 million (i.e., KRW 1.., KRW 30 million - KRW 330 million) with respect to KRW 103 billion (i.e., KRW 1., KRW 180 million (= KRW 1.68 billion - KRW 1.5 billion) with respect to KRW 102 as the Defendant acquired ownership with respect to the above subparagraph 102. Meanwhile, the Plaintiff completed registration of change of lease deposit of KRW 1.63 billion with respect to subparagraph 103 and KRW 1.68 billion with respect to the security deposit under the instant lease agreement, respectively, (i.e., KRW 1., KRW 1.68 billion) with respect to KRW 103 and KRW 1.68 million with respect to the security deposit under the instant lease agreement.
The Plaintiff’s instant lease agreement on September 25, 2016.