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Defendant B’s 5% per annum from January 23, 2020 to January 15, 2021 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 18, 2019, Defendant B entered into a lease agreement with Defendant B and D with the terms that the entire first floor of the building D and Kimpo-si, Kimpo-si (hereinafter “instant commercial building”) deposited KRW 30,000,000, monthly rent of KRW 1,600,000 (additional tax separate), and the term of lease from October 31, 2019 to October 30, 2021 (hereinafter “former lease agreement”), and D paid KRW 3,00,000 on the same day to Defendant B.
2) At the time of the conclusion of the previous lease agreement, Defendant B stipulated a special agreement that “it does not carry out any other type of business instead of the present type of business without the lessor’s consent” while leasing the instant commercial building to D on condition that it operates the automobile-rating business in the instant commercial building.
3) Meanwhile, Defendant B and D agreed that, while entering into a previous lease agreement, the lessor may rescind the lease agreement before the lessee pays the remainder to the lessor. The lessor rescinded the previous lease agreement pursuant to the aforementioned agreement before receiving the remainder from D.
B. On October 30, 2019, the Plaintiff was placed in a commercial building for the purpose of operating a motor vehicle hosting company. On the same day, the Plaintiff received the instant commercial building from Defendant C on October 30, 2019, and deposited KRW 3,000,000 as the down payment before concluding the lease contract at Defendant C’s request.
2) On October 31, 2019, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 30,000,000 for the instant commercial building, monthly rent of KRW 2,00,000 (additional tax separate), and agreed to pay KRW 15,00,000 on the date of the contract deposit, and to pay KRW 15,00,000 for the remainder on January 2, 2020 (Provided, That the Plaintiff and the Defendants entered the date of preparation of the lease agreement as of November 1, 2019; hereinafter “instant lease agreement”).