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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On August 31, 2015, the Plaintiff: (a) determined and leased “D” stores in Jeju-si, as down payment (deposit) KRW 10 million; (b) monthly rent of KRW 4 million; and (c) the contract period from September 1, 2015 to August 31, 2016, to the Defendant.
B. From December 2015 to March 2016, the Defendant delayed to pay monthly rent, the deposit amounting to KRW 10 million was fully appropriated from December 2015 to March 2016.
C. Since then, the Plaintiff directly operated the national specialty store for July 2016, upon delivery of the said store from the Defendant.
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above recognition of the occurrence of the obligation to pay the rent in arrears, the Defendant did not pay the rent for three months from April 2016 to June 2016, which was before transferring the store to the Plaintiff.
The Defendant is obligated to pay to the Plaintiff the sum of 12 million won in arrears (=4 million won x 3 months) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 22, 2016 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff after the due date.
B. The Defendant asserted that, instead of yielding the business rights in August 7, 2016 of “D” to the Plaintiff, the Plaintiff exempted the Plaintiff from arrears and agreed to return the deposit amount of KRW 10 million to the Defendant. However, it is insufficient to acknowledge that there was an agreement as above, and there is no other evidence to acknowledge otherwise.
The defendant's above assertion is without merit.
3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.