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1. The Defendant shall pay KRW 25,940,00 to the Plaintiff the annual rate of KRW 15% from March 13, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On January 8, 2014, the Defendant entered into a real estate right transfer agreement with C on the third left-hand side of the third floor of the building in Gangnam-gu Seoul, Seoul, which was leased and used by C from the Plaintiff (hereinafter “instant real estate”), and paid KRW 30 million for the premium, and on January 15, 2014, entered into a lease agreement with C with C to succeed to the lease deposit amount of KRW 30 million, KRW 230,000 for the rent month (including management expenses, KRW 200,000,000 for the rent), and the term of the lease agreement from December 6, 2013 to December 7, 2014.
B. On December 18, 2014, the Plaintiff and the Defendant, whose term of the said lease contract expires, shall be as is, however, the lease deposit shall be increased by 2.5 million won (including management expenses and value added tax) per month (including value added tax), and the term of the lease contract shall be from December 18, 2014 to December 17, 2015 (hereinafter “instant lease contract”), and the Defendant operated the store “E” in the instant real estate.
C. However, on February 2, 2015, the application for voluntary auction (F) by the Scar Savings Bank Co., Ltd. (F) against the entire building was completed on February 2, 2015, and the permission for sale to G and H was granted, and the ownership transfer registration was completed on November 20 of the same year.
The defendant did not pay the rent from February 8, 2015 to November 19 of the same year and the management fee from November 8 to 20 of the same year to the plaintiff.
E. Meanwhile, on January 17, 2016, the Defendant received full distribution of KRW 30,000,000 from the distribution procedure of the said auction case.
[Ground of recognition] Evidence A 1 to 3, Evidence B 1, 2, and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts above, barring special circumstances, the defendant's obligation to pay the overdue rent, etc., 2,4750,000 won (i.e., KRW 2.5 million per month x 9 months x 1.1 and value-added tax) and 13 percent of the rent in arrears filed by the plaintiff during the overdue rent to the plaintiff.