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1. The Defendant’s KRW 35,800,000 as well as the Plaintiff’s annual rate of KRW 5% from April 22, 2017 to November 23, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff leased, from C, the main shop price of the D Building Nos. 103, and from E, the main shop price of the D Building Nos. 104 (hereinafter the above 103 and 104 collectively referred to as the “each building of this case”).
B. After obtaining the consent of C and E, the Plaintiff entered into a contract with the Defendant to sublease each of the instant buildings with the monthly rent of KRW 3 million and the sub-lease period from July 30, 2007 to June 30, 2009 (hereinafter “the sub-lease contract of this case”), and the Defendant received delivery of each of the instant buildings from the Plaintiff and operated beauty rooms at a place.
C. The Defendant did not pay to the Plaintiff KRW 500,00 among the rent for December 2007, KRW 3 million among the rent for January 2008, KRW 900,000 among the rent for April 2008, KRW 3 million among the rent for May 2008, KRW 1 million among the rent for June 2008, KRW 3 million among the rent for July 2008, KRW 3 million, KRW 3 million among the rent for August 2008, KRW 3 million, KRW 3 million among the rent for August 2008, KRW 2.5 million among the rent for September 2008, KRW 3 million from October 2, 2008, KRW 3 million to June 2, 2009, KRW 3 million in total (i.e., KRW 3 million in total).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 2, and 3-2, the purport of the whole pleadings
2. Determination
A. According to the determination on the cause of the claim (1) the Defendant is obligated to pay the Plaintiff a total of KRW 35,80,000,000,000 and damages for delay, which are unpaid to the Plaintiff.
(2) On this ground, the Plaintiff asserted that the Defendant did not pay the total of 3.2 million won for the eight-month management expenses of the instant building to the management office from November 2008 to June 2009 (=400,000 won per month x 8 months) on behalf of the Plaintiff, and that the Plaintiff paid it on behalf of the Defendant. However, the Plaintiff sought payment of the above 3.2 million won and damages for delay on behalf of the Defendant, but the amount of management expenses that the Defendant has to pay during the above period is 3.2 million won.