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1. The defendant shall pay to the plaintiff KRW 39,331,490.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. Facts of recognition;
A. On May 18, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on May 18, 2012, setting a period of 12 months from May 18, 2012, with respect to a 2nd general restaurant of 137.8 square meters (hereinafter “instant store”) with respect to the 37.8 square meters (hereinafter “instant store”).
On May 18, 2013, the special agreement states that the facility cost of KRW 30,00,000 shall be imposed after May 18, 2013.
B. On May 18, 2012, the Defendant began business after receiving the instant store from the Plaintiff.
C. The Defendant paid to the Plaintiff a total of KRW 6,400,000 for the monthly rent of eight months, and did not pay the Plaintiff a monthly rent from February 2, 2013.
On December 31, 2013, the Defendant delivered the instant store to the Plaintiff.
E. On December 2013, the Defendant unpaid KRW 531,490, the electricity tax of the instant store.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. Although the Plaintiff sought the delivery of the instant store to the Defendant, as recognized earlier, the Defendant had completed the delivery on December 31, 2013, and thus, this part of the claim is not accepted (the Plaintiff asserted that the Defendant did not deliver the instant store since the Defendant failed to implement the procedure for transferring the business report completion certificate, but the instant store is delivered even if the said procedure was not implemented. On the fourth date for pleading of the instant case, the Plaintiff did not include the claim for procedural performance in the purport of the claim, and the Defendant voluntarily implemented the said procedure).
According to the above facts, the Defendant shall pay the Plaintiff the unpaid monthly rent of KRW 8,800,00 for 11 months from February 2, 2013 to December 2, 2013 (=80,000 x 11), ② the electricity tax of KRW 531,490 on December 2, 2013, ③ the facility cost of KRW 30,000,000 under the special contract of this case (=39,31,490 on December 30, 200, + 30,000 + 8,000 + 531,490 on December 31, 203).