beta
Text
1. The Defendant’s KRW 126,00,000 as well as 6% per annum from September 19, 2018 to September 25, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 23, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D Co., Ltd. and the Defendant on the lease of KRW 12.6 million to the lease deposit for the E-building 1,4,5 (hereinafter “instant building”) owned by the Defendant, and from November 29, 2016 to December 29, 2016 (from November 28, 2017), and the Plaintiff entered into an agreement with D Co., Ltd. to succeed to the lessee status of the instant lease agreement with the Defendant, and the Defendant consented thereto.
B. On November 30, 2017, the Defendant entered into a modified lease agreement with the Plaintiff with the term of the instant lease from December 1, 2016 to 18 months (six months extension). On May 12, 2018, the Defendant again entered into the second modified lease agreement with the Plaintiff for the term of the instant lease from December 1, 2016 to 21 months (three months extension).
C. On September 18, 2018, the Plaintiff handed over the instant building to the Defendant.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, since the lease contract of this case was terminated on August 31, 2018, the lease contract of this case was terminated, the defendant is obligated to pay to the plaintiff 126,000,000 won of lease deposit and damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 19, 2018 to September 25, 2019, which is the day following the delivery of the building of this case to the defendant, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
B. As to this, the Defendant renewed the lease contract under the condition that the return of deposit under the instant lease would be extended by the time the lease contract was concluded with the Plaintiff, and the Defendant did not yet conclude the lease contract with the next lessee. Therefore, the Defendant concluded the lease contract with the next lessee.