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The defendant shall pay to the plaintiff KRW 40,000,000 as well as 5% per annum from May 1, 2020 to May 6, 2020 and the next day.
Reasons
1. Facts of recognition;
A. On April 3, 2018, the Plaintiff concluded a lease agreement with the Defendant and the Gwanak-gu Seoul Special Metropolitan City C and the first floor (hereinafter “instant building”) with the terms of KRW 40,000,000, monthly rent of KRW 2,300,000 (excluding value-added tax), and from April 3, 2018 to April 2, 2020 (hereinafter “instant lease agreement”).
B. On April 13, 2020, the Plaintiff received the order of lease registration as Seoul Central District Court 2020Kadan30130 on the instant building, and completed the registration of the commercial building lease on April 24, 2020, and delivered the instant building to the Defendant on April 30, 2020.
C. The instant lease agreement terminated on April 2, 2020 upon the expiration of the period.
[Recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the lease contract of this case was terminated at the expiration of the period on April 2, 2020, and the plaintiff completed the delivery of the building of this case on April 30, 2020. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 40,000,000 and the damages for delay calculated at each rate of 12% per annum under the Civil Act from May 1, 2020 to May 6, 2020, which is the date following the delivery date of the building of this case, to the date of delivery of the application for alteration of the purport of this case and the application for alteration of the cause of the claim of this case from May 1, 2020 to the date of full payment.
B. As to this, the Defendant asserts that the instant lease agreement was implicitly renewed, the Plaintiff’s assertion is not accepted, on November 7, 2019, since the Plaintiff expressed his intention not to renew the instant lease agreement in dialogue with the Defendant.
3. Accordingly, the plaintiff's claim of this case is reasonable, and it is decided to accept it.