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1. The Defendant shall pay to the Plaintiff KRW 38,674,983 and KRW 37,977,00 among them, annually, from October 21, 2016 to May 12, 2017.
Reasons
1. Facts of recognition;
A. On July 21, 2012, the Plaintiff: (a) leased (including value-added tax) the lease deposit amount of KRW 150,000,000, monthly rent of KRW 1,870,000 (including value-added tax) from the Defendant, etc., and the P&D Global Co., Ltd. (hereinafter collectively referred to as “Defendant, etc”); and (b) paid all the lease deposit to the Defendant, etc., which was owned by the Defendant, etc. from the Defendant, etc. to the period from July 21, 2012 to July 20, 2013.
B. At the time of the instant lease, the Plaintiff, the Defendant, etc. agreed to pay damages for delay at the rate of 30% per annum when the Plaintiff is delinquent in monthly rent, etc., and stipulated a special agreement, including the content of “the creation of chonsegwon at the same time as the remaining amount”.
C. On July 17, 2012, the Plaintiff completed the registration of the establishment of chonsegwon, which was 150,000,000 for the lease object of this case, as the Busan District Court Branch, Seocheon Branch, Kimpo-si, Kimpo-dong Office, (a) received on July 17, 2012.
Since then, the Plaintiff agreed with the Defendant, etc. to renew the lease term of this case and use the leased object. On April 30, 2014, the Plaintiff agreed to the lease of this case with the Defendant, etc., and delivered the leased object to the Defendant, etc. on May 20, 2014.
E. The Plaintiff delayed the payment of monthly rent from November 201 to June 2013, 2013 to the Defendant, etc., as indicated in the attached Table 1, and did not pay the monthly rent from July 2013 to April 2014.
F. After receiving the leased object of this case, the Defendant, etc. returned part of the instant lease deposit to the Plaintiff, as indicated in the repayment column among the details of the refund of the attached lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3-1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that (i) the Defendant et al. deducted the Plaintiff from the deposit for lease on or around June 25, 2014.