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1. The Defendant: (a) KRW 21,900,000 for the Plaintiff and 5% per annum from December 17, 2014 to June 19, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 258.42m2 (hereinafter “instant building”) at Jeju-si, the steel framed Group and the roof of the C ground steel framed, one of which is a warehouse facilities of 258.42m2.
B. On September 30, 2010, the Plaintiff and D entered into a contract with the Defendant to lease the instant building with a fixed term of KRW 5 million per annum, KRW 25 million per annum, and the lease term from September 30, 2010 to September 30, 2012.
(hereinafter “instant lease agreement”). C.
The lease contract was implicitly renewed on September 30, 2012, and its period was extended by September 30, 2014.
The Defendant paid KRW 5 million to the Plaintiff on the day of the instant lease agreement, including the payment of KRW 4.6 million to the rent, and the payment of KRW 70.6 million by July 3, 2014.
E. On August 24, 2014, D, a joint lessor, delivered the instant building between the Defendant and E (the husband of the Defendant) who actually used the instant building, and the Defendant and E, by August 30, 2014, but did not perform it by August 30, 2014, upon setting the total price of the house, equipment, and building materials inside the instant building as KRW 2.5 million and the Defendant and E paid KRW 7.5 million plus the deposit amount, and even if D disposes of all the house, equipment, and building materials inside the instant building, the Defendant and E agreed not to impose any civil and criminal liability.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserts to the effect that the instant lease agreement was implicitly renewed on September 30, 2012, and the period expired as of September 30, 2014, the renewed lease agreement term, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.
However, as seen above, D, a joint lessor, passed on August 24, 2014 between Defendant and E, after August 30, 2014.