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1. The Defendant calculated the Plaintiff’s KRW 68,930,103 as well as the annual rate of KRW 20% from November 5, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
(a) Ansan-si has operated the Ansan-si Civil Market (at least 400 stores) in order for merchants to perform their funeral services in 604-4, the Masan-si, the Masan-si, the Masan-si, the Masan-si, and has received user fees from merchants permitted to perform funeral services in the said market.
According to the Ordinance on the Management and Operation of the Residents' Market in Ansan-si, the period of permission for use of the facility may be two years or more, and the employee shall not transfer or sublease the right to use the facility to another person, and the Mayor may permit the transfer of the right to use the facility only
B. C obtained permission from Ansan-si to use the said store D and E stores (hereinafter “instant store”) (hereinafter “instant store use right”), and sublet the instant store to F in 10,000,000 won and 50,000 won per month of rent, around March 6, 2003.
C. C A died on or around December 4, 2004, and the Plaintiff, Defendant, G, H, I, and J are the successors of the above C.
Around May 2005, the Defendant, while managing the instant store, lent the instant store to K in KRW 10,000,000, and KRW 400,000 per month.
The Plaintiff and G filed a lawsuit against the Defendant as the Suwon District Court Branch 2005Gahap1695, and on July 11, 2005, the following mediation (hereinafter “instant mediation”) was established:
1. The defendant confirmed the status of the tenant under the name C for the store of this case owned by Ansan-si, and cooperates in the procedure in which the plaintiff acquired the status of the tenant.
2. The Defendant is responsible for the cooperation of H, I, and J, the other heir of the deceased C with respect to the procedure that the Plaintiff takes over the status of the lessee under the name of the deceased C with respect to the instant store.
3. The Defendant set the deposit amount of KRW 10 million between the deceased C and F, and the instant sub-lease contract for the instant store and the Defendant, H, I, and J.