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1. The Defendant’s KRW 27,880,00 for the Plaintiff and KRW 5% per annum from April 1, 2016 to April 25, 2017.
Reasons
1. Facts of recognition;
A. On March 22, 2012, the Plaintiff leased part of the 1st floor among D-owned commercial buildings in Suwon-gu, Busan (hereinafter “instant store”) from C to April 1, 2014 by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 1,000,000, and the period from April 1, 2012 to April 1, 2014. From around that time, the Plaintiff carried on the business of packing and selling chills in the instant store with the trade name “E”.
B. On November 28, 2013, Defendant and F acquired 1/2 shares of each of the commercial buildings, including the instant stores.
C. On December 4, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the instant store as KRW 30,000,000 per deposit, KRW 1,000 per month of rent (payment on the first day of each month), and the period from April 1, 2012 to March 31, 2014, and thereafter, the instant lease agreement was renewed by March 31, 2016.
On December 24, 2015, the Plaintiff requested on December 24, 2015, the Defendant to provide that “When there is a person acquiring the instant store, it would be possible to receive and transfer the premium,” but the Defendant rejected the request, “The transfer should not be made in return for the premium, and the payment of the premium would be good even if it would be reasonable to do so.”
E. On December 30, 2015, the Defendant sent to the Plaintiff proof that the instant lease agreement expired on March 31, 2016, and that there was no intent to renew it.
F. On January 7, 2016, the Plaintiff entered into a contract with G to transfer the overall facilities and operating rights of the instant store in KRW 50,000,000 (hereinafter “instant contract for transfer and takeover of rights”).
On the same day, the Plaintiff again requested the Defendant to “as there exists a person who intends to pay the premium and rent the store of this case,” but the Defendant rejected the request by the Defendant that “it cannot be recognized that the Plaintiff would receive the premium.”
G. As of March 31, 2016, premium for the instant store as of March 31, 2016 = 27,880,000 = Tangible property.