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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from July 12, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 25, 2012, the Plaintiff’s husband C entered into a lease agreement with the Defendant on the lease deposit amount of KRW 60 million, monthly rent of KRW 2.2 million, and the lease period of KRW 2.2 million from June 25, 2012 to March 8, 2015 (hereinafter “instant lease agreement”). At the same time, the said deposit amount of KRW 60 million was paid to the Defendant and the instant building was operated as a publicly notified source upon delivery.
B. On March 7, 2014, C, the Plaintiff, and the Defendant agreed to succeed to the status of the lessee under the instant lease agreement, depending on the circumstances of C, and concluded a new lease agreement on the same condition, with the Plaintiff having the name of the lessee under the instant lease agreement changed from March 7, 2014 to March 6, 2015.
C. The instant lease agreement was implicitly renewed, and the Defendant would no longer lease as a public notice source around 2017. On April 4, 2017, the Plaintiff sent to the Defendant a document verifying the termination of the instant lease agreement, and the said mail reached the Defendant at latest around April 10, 2017, and the Plaintiff was a director after deducting all animals from the instant building on May 25, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to Article 10(5) of the Commercial Building Lease Protection Act, where a lease contract is implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and the lease becomes effective three months after the date on which the lessor is notified of such fact. According to the above recognition, the lease contract in this case is terminated at the expiration of three months after the Plaintiff’s expression of intent to terminate the contract reaches the Defendant on April 10, 2017.