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1. The Defendant’s KRW 42,856,323 as well as 5% per annum from August 2, 2018 to August 29, 2019.
Reasons
1. Basic facts
A. On March 4, 2015, the Plaintiff sublet the Defendant with the KRW 100 million deposit amount and KRW 6.8 million for the first floor E (hereinafter “instant store”) underground in the D Hospital convenience facilities in Guro-gu Seoul (hereinafter “instant store”).
On the other hand, if the contract is terminated due to the defendant's fault in the sub-lease contract, "the defendant shall pay the plaintiff the monthly rent for the first month and the second month rent for the second year after the second year: Provided, That even if the defendant bears the penalty, it shall not affect the plaintiff's right to claim damages."
B. On March 20, 2017, the Plaintiff concluded a sub-lease contract with the Defendant on the instant store, and concluded a sub-lease contract with the Defendant, but the same as the lease deposit and the rent. However, where the contract is terminated due to the Defendant’s fault, the Plaintiff agreed that the penalty for breach of contract shall be the amount equivalent to 10% of the total usage fee (the total sum of the interest rate on the deposit deposit and the monthly rent for
(hereinafter referred to as “instant sublease contract”). C.
On November 9, 2017, the Plaintiff notified the Defendant of the termination of the instant sub-lease contract on the ground of arrears at least two (2) years of rents, and the Defendant delivered the instant store to the Plaintiff on February 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, 13, and 14, the purport of the whole pleadings
2. The fact that the Defendant did not pay to the Plaintiff KRW 12,200,00 for the monthly rent under the sublease contract made on March 4, 2015 and the instant sublease contract, and that comprehensively taking account of the purport of the entire pleadings, the fact that the Defendant’s unpaid management expenses until the termination of the sublease contract was 30,656,323.
Therefore, the Defendant deducted the Plaintiff from 142,856,323 won (=12,200,000 won) in the sum of the unpaid rent and management expenses (i.e., KRW 30,656,323).