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1. The defendant shall be the plaintiff.
(a) KRW 39,212,604 and interest rate of KRW 15% per annum from February 10, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On April 17, 2008, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant store”) among the building B and three parcels C (hereinafter “instant building”).
B. The sectional owners of the instant building, including the Plaintiff, promoted the sales of the New Co., Ltd. operated by the Defendant under the direction of Paco Co., Ltd., the largest sectional owners of the instant building, for the purpose of revitalizing the business district.
C. On March 11, 2010 with the consent or delegation of sectional owners such as the Plaintiff, etc., the non-party company entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 5 billion, monthly rent of KRW 3.5% (However, a minimum of KRW 190 million guarantee), and ten years from the starting date of the lease term business (hereinafter “the lease agreement in this case”).
On April 2010, the non-party company entered into an agreement to change the monthly rent between the defendant and the non-party company to the amount of KRW 3% of the defendant's sales and at least KRW 180 million.
E. On May 6, 2010, the Plaintiff: (a) designated the non-party company as an authorized person and a representative to enter into a lease agreement; (b) prepared a written consent to delegate matters concerning the procedure and method of receiving deposits and rents; and (c) written a lease agreement with the non-party company and the instant store as of May 6, 2010 to KRW 20 million, KRW 150 million, KRW 15000,000,0000, KRW 1500,000,0000, and KRW 10,000
F. Under the instant lease agreement, the Defendant commenced the instant building D’s business from May 4, 2010 to the present day by starting the business of New Zealand D.
G. Meanwhile, the non-party company received a lump sum payment from the Defendant and paid the Plaintiff the rent for the instant store, and the Defendant is the non-party.