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1. The Defendant: KRW 26,918,159 for the Plaintiff and KRW 5% per annum from October 20, 2015 to April 12, 2016.
Reasons
1. Basic facts
A. On December 23, 2010, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,650,000 (excluding value-added tax), and the lease period of KRW 1,650,000 (excluding value-added tax) from December 31, 201 to July 10, 201.
After July 10, 201, the contract was renewed by setting the lease period of KRW 1,750,00 (excluding value-added tax) from July 10, 201 to July 10, 201, and the lease period of KRW 1,900,000 (excluding value-added tax) from July 10, 201, and the lease period of KRW 1,90,000 (excluding value-added tax), from July 10, 2013 to September 9, 2015.
B. On September 9, 2015, the Plaintiff decided not to renew the contract any longer upon the expiration of the lease term, and on September 26, 2015, paid the instant store KRW 192,492 to the management office without paying the long-term repair appropriations, and then assigned the store heat to the instant building security room, and notified the Defendant thereof.
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 2, and 6 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated on September 9, 2015, and thus, the Defendant is obligated to pay KRW 30,000,000 to the Plaintiff, barring any special circumstance.
In this regard, the defendant asserts that from August 10, 2015, the amount of 4,382,258 won should be deducted from the unpaid rent or unjust enrichment amounting to October 12, 2015, the plaintiff sent the store heat by mail from August 10, 2015.
The fact that the Plaintiff paid only monthly rent by August 9, 2015 is no dispute between the parties.
Meanwhile, as seen earlier, the Defendant left the instant store on September 26, 2015 and paid KRW 192,492 to the management office, and then left the store chain to the instant building security room, and the Defendant.