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1. The Defendant’s KRW 21.2 million with respect to the Plaintiff and 5% per annum from December 31, 2016 to February 6, 2018.
Reasons
1. Basic facts
A. On March 7, 2013, the Plaintiff entered into a contract with Do Government Do 988 square meters and its ground buildings, E- Do 658 square meters and their ground buildings (hereinafter “instant building”), F miscellaneous land 904 square meters with a deposit of KRW 100 million, monthly rent of KRW 6.5 million, and the lease period of March 30, 2016 (hereinafter “instant lease contract”). The Plaintiff agreed to hold the right to sublease each of the said real estate at the time of entering into the said contract and bear income tax and public charges on monthly rent within the said lease period.
B. On December 22, 2012, the Plaintiff asserted that the car center in the instant building amounting to KRW 30 million, monthly rent of KRW 1.1 million is included in the value-added tax. However, the Plaintiff did not indicate in the evidence No. 2-1 (real estate lease agreement) that the said KRW 1.1 million is included in the value-added tax, and the evidence submitted by the Defendant alone is insufficient to acknowledge the above assertion, and thus, the Defendant’s assertion is not accepted;
The sub-lease period was set up on March 30, 2016 and the sub-lease contract was concluded (hereinafter “the first sub-lease contract of this case”). Around that time, the car center was handed over to the Defendant, and the Defendant has operated the car center in the instant building as the trade name “GC” at the car center from around that time.
C. On April 3, 2014, the Plaintiff asserted that KRW 20 million was included in the value-added tax, and KRW 1100,000,000,000,000,000,000,000,000,000 won for monthly rent, among the instant building, between H and H, on April 3, 2014. However, evidence No. 2-2 (Real Estate Lease Contract) did not state that the value-added tax is included in the amount, and the evidence submitted by the Defendant alone is insufficient to acknowledge the above assertion, the Defendant’s
The sub-lease period is set by March 30, 2016, and is less than a contract to sublease.