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1. The Defendant’s KRW 38,177,601 as well as 5% per annum from May 1, 2015 to January 27, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. (1) On November 29, 2012, the Defendant: (a) concluded and terminated the instant lease contract; (b) on November 29, 2012, the Defendant set the lease deposit amount of KRW 150 million, monthly rent from September 20, 2012 to September 19, 2013, KRW 12 million (excluding value-added tax) monthly rent from September 20, 2013 to September 19, 2015; and (c) approximately KRW 20 square meters from September 20, 2013 to September 19, 2015 (hereinafter “instant building”); (d) lease of KRW 10 million from September 20, 2013 to September 1, 2015 (excluding value-added tax); and (e) lease of KRW 100,000,000 from September 20 to September 19, 2013 to September 20, 2015).
(2) The lessee of the instant lease contract was in arrears from November 2014, and the Defendant terminated the instant lease contract on February 3, 2015 on the grounds of the rent delay.
B. (1) On March 26, 2014, E, among the lessees of the instant lease agreement, transferred to the Plaintiff KRW 150 million claim for the refund of the lease deposit of this case against the Defendant, and notified the Defendant of the assignment of the said claim by content-certified mail, and the said notification was delivered to the Defendant around that time.
(2) On March 25, 2015, C and D, among the lessees of the instant lease agreement, transferred to the Plaintiff the claim for the refund of the lease deposit of this case against each of the Defendant, and notified the Defendant of the said transfer by content-certified mail, and the notification of the said transfer was sent to the Defendant on March 31, 2015, respectively.
C. Before August 1, 2007, G, the lessee of the instant building prior to the instant lease agreement, was set aside as the expiration of the lease term while operating the hospital in the trade name of H hospital from the instant building to H hospital. On August 1, 2007, the Defendant concluded a lease agreement with D on August 1, 2007.
(2) However, as I asserted against the Defendant the succession of the lessee’s right, the Defendant.