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1. The Defendant’s KRW 248,303,329 as well as the Plaintiff’s KRW 6% per annum from July 1, 2020 to November 4, 2020, and the following.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. 1) On July 1, 2013, the Plaintiff leased 3 and 4 floors among the members D and E-ground buildings owned by the Plaintiff to C Co., Ltd. (hereinafter “C”) on July 1, 2013, as monthly rent of KRW 10,609,80, etc.
B) On March 1, 2015, C sub-leaseed the above building to the Defendant at KRW 10,609,800 (from March 1, 2016 to KRW 11,670,780) (hereinafter “sub-lease contract in this case”), and the Plaintiff consented thereto (hereinafter “sub-lease contract in this case”). The said lease contract and the sub-lease contract in this case were maintained until March 31, 2018.
C) At the time of the instant sublease contract, the Plaintiff, the Defendant, and C agreed to pay monthly rent to C, and management expenses, etc., respectively, to the Plaintiff. The Defendant’s management expenses, etc. that the Plaintiff did not pay to the Plaintiff from August 2016 to March 2018 are KRW 225,521,879 in total.
2) On April 1, 2018, the Plaintiff leased the fourth floor (hereinafter “instant building”) among the above buildings to the Defendant by setting the monthly rent of KRW 5,100,00,00, and one year from the lease term. On April 1, 2019, the Plaintiff re-leased the instant lease under the same conditions as above (hereinafter “instant lease agreement”), and the management fees that the Defendant did not pay during the said lease term are KRW 5,307,331 in total.
B) After March 31, 2020, the Defendant occupied and used the instant building even after the lease term expires, and delivered it to the Plaintiff on June 30, 2020. The rent and management fee for the period from April 1, 2020 to June 30, 2020 are KRW 17,474,119 in total.
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 20, Eul evidence 1 through 3, the purport of the whole pleadings
B. 1) According to the above facts, the Defendant shall pay the Plaintiff KRW 230,829,210 (= KRW 225,521,879, KRW 5,307, KRW 331) based on the instant sub-lease agreement and the instant sub-lease agreement.