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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On September 2009, the Plaintiff: (a) leased No. D units of the Seoul Jung-gu C Building (hereinafter “instant building”) from the Defendant and registered its business in the name of “E”; and (b) operated its business in the instant building No. D.
B. On September 12, 2013, the Plaintiff entered into a renewal contract (hereinafter “instant lease contract”) with the Defendant and the instant building D by setting the lease deposit amount of KRW 10,00,000, monthly rent of KRW 2,070,000, and the lease term of KRW 2,000 as from September 12, 2013, and thereafter, the instant lease contract was implicitly renewed.
C. On April 27, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and handed over the instant building D on April 28, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts above, since the instant lease contract was terminated upon the Plaintiff’s termination notice, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from December 8, 2019 to the date of full payment, which is the day following the delivery date of the duplicate of the instant complaint, to the day of full payment.
B. The Defendant’s assertion 1) The Plaintiff concluded a lease agreement with the Defendant as well as the building F of this case, and managed it. As such, the lessee of the building F of this case is not G Co., Ltd. (the trade name before the modification: H Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) but the Plaintiff.
B. Since the Plaintiff did not pay the rent of KRW 19,650,000 for the rent of KRW 19,650,000 in the instant building F, the Defendant has a claim for overdue rent of KRW 19,650,00 against the Plaintiff. If the Defendant’s above claim offsets the Plaintiff’s claim for the refund of the lease deposit for the instant building D with