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1. The Defendant’s KRW 181,445,283 as well as 5% per annum from March 26, 2015 to June 1, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On February 24, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 500,000,000, monthly rent of KRW 39,408,00 (value-added tax, monthly rent of KRW 48,240,681, and the lease agreement for five years from February 1, 2011 (hereinafter “the lease agreement in this case”). In the instant lease agreement Article 12 (Compensation for Damages) of the instant lease agreement, the parties liable to compensate the other party for damages shall provide that the other party shall compensate for the damages corresponding to the amount of the rent in six months.
B. (1) In the process of termination of the instant lease agreement, the Plaintiff sent his/her intent to terminate the instant lease agreement to the Defendant on or before March 2014, as a large warehouse is required. The Defendant began to find another lessee from March 2014 while maintaining the instant lease agreement.
(2) On March 20, 2015, the Plaintiff sent a content-certified mail to the Defendant, stating that “The instant lease agreement was terminated due to the Plaintiff’s circumstances, so it shall be paid KRW 98,476,733, which shall be deducted the unpaid rent of KRW 318,38,49, and KRW 53,064,749, and KRW 30,070,024, which shall not be paid on February 24, 2015 from the instant lease deposit, from the amount of the lease deposit.” On March 25, 2015, the Defendant sent a content-certified mail stating that “The Plaintiff’s content-certified mail on March 20, 2015 arrives in the Defendant on March 24, 2015, which shall be deducted from the instant lease deposit.”
(3) Meanwhile, the Plaintiff paid the Plaintiff the rent to the Defendant by January 31, 2015, and the Defendant is the instant lease agreement.