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1. The Defendant’s KRW 37,592,436 as well as 5% per annum from August 1, 2016 to August 19, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On July 15, 2014, the Plaintiff entered into a lease agreement between the Defendant and Sejong Special Self-Governing City C1 Dong B106 (hereinafter “instant office”) with respect to the lease deposit amounting to KRW 50 million, monthly rent amounting to KRW 500,000 (excluding value-added tax, separate management expenses), and two-year lease period, and had operated the instant office transferred to the Defendant after paying the lease deposit amount.
B. On January 30, 2015, the Plaintiff expressed his/her intent to terminate the contract before the expiration of the lease term, and delivered the instant office to the Defendant on the ground that the business was not properly operated.
C. Meanwhile, from August 2014 to January 2015, the Plaintiff paid a total of KRW 3 million (500,000 x 6 months) and management expenses to the Defendant.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]
2. Although the Plaintiff asserts that the instant lease contract was terminated before the expiration of the lease term by agreement with the Defendant, there is no evidence to prove that both parties have agreed on the termination of the lease term. Rather, according to the evidence above, the instant lease contract was terminated on July 14, 2016.
Therefore, as requested by the Plaintiff, the Defendant: KRW 12,407,564 [the amount equivalent to value-added tax on the rent of KRW 10,200,00 [the unpaid rent of KRW 550,00 ( KRW 550,000 + KRW 300,000 for the remaining lease term x 18 months for the remaining lease term)] calculated by deducting the unpaid management fee of KRW 2,207,562,436 [the unpaid management fee of KRW 37,592,436 until transferring the office of this case to the Defendant] from the date of delivery of the complaint of this case from August 1, 2016 to August 19, 2016; and KRW 5,000 from the day after the date of delivery of the complaint of this case until the date of payment; and KRW 300,564 until the date of payment, etc. of the lawsuit under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.].