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The defendant shall pay 71,512,100 won to the plaintiff and 12% per annum from May 1, 2020 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
(a) Facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 4 and the whole purport of the pleadings.
1) On November 15, 2016, the Plaintiff’s agent C and the Plaintiff’s agent D Building E (hereinafter “instant commercial building”) owned by the Plaintiff, Young-gu, Young-gu, Young-gu.
(2) The Defendant shall set the lease term of KRW 50 million from November 15, 2016 to November 30, 2021, KRW 2.5 million from the lease deposit, KRW 2.5 million from November 30, 2017, KRW 55 million from the lease deposit, KRW 3 million from November 30, 2018, KRW 60 million from the lease deposit, KRW 3.5 million from the date of November 30, 2018, KRW 3.5 million from the date of lease, and KRW 65 million from the date of November 30, 2019, KRW 40 million from the date of lease to the date of November 30, 201, KRW 5 million from the date of lease to the date of November 30, 201, KRW 7 million from November 30, 200, KRW 5 million from the date of lease (hereinafter “Lease”).
(2) The Defendant did not pay a deposit for lease under the instant lease agreement to the Plaintiff, and did not pay the rent and management fee to the Plaintiff while occupying and using the instant commercial building. At the Plaintiff’s request, the Defendant left the instant commercial building on June 30, 2019.
3) The overdue rent and management fee for the instant commercial building which the Plaintiff and the Defendant’s agent settled by C is KRW 71,512,100 (=the overdue rent of KRW 65,750,000) (=the overdue rent of KRW 5,762,100).
B. According to the above facts of determination, the Defendant, a lessee of the commercial building of this case, is obligated to pay the Plaintiff, a lessor of the commercial building of this case, the overdue rent and management fee of this case 71,512,100 won, and damages for delay calculated at the rate of 12% per annum from May 1, 2020 to the day of full payment, as requested by the Plaintiff, following the delivery date of the duplicate of the complaint of this case.
2. The Defendant’s argument regarding the Defendant’s assertion is the lessee under the instant lease agreement.