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The Defendant’s KRW 383,130,000 and the Plaintiff’s annual rate of KRW 5% from July 2, 2014 to August 13, 2014.
Reasons
1. Basic facts
A. On August 29, 2013, the Plaintiff leased the Defendant (the director of Suwon Probation Office B, the Ministry of Justice, and the director of Suwon Probation Office B, hereinafter referred to as “B Probation Office”) a total of 1,147.25 square meters in size, including 249.79 square meters in the first floor, 245.93 square meters in the building owned by the Plaintiff, and 3 stories 451.53 square meters in the third floor (hereinafter referred to as the “instant building”).
B. The main contents of the above lease agreement (hereinafter “instant lease agreement”) are as follows.
Article 1(3) Before the Defendant moves into a building ledger, the Plaintiff must change the purpose of the use from the “living facility” to the “business facility.”
Article 2
1. The term of contract shall be four years from September 1, 2013 to August 31, 2017;
2. The defendant shall deposit KRW 100 million with the plaintiff during the entire contract period.
3. The defendant shall pay the rent and management expenses to the plaintiff in advance on the first day of each month during the contract period as follows:
(Separate Value-Added Tax). (1) From September 1, 2013 to August 31, 2015: 27 million won per month rent, 10 million won per month management expenses, 200,000 won per month, from September 1, 2015 to August 31, 2017: 30,000 won per month rent, and 14,440,00 won per month management expenses.
4. 100 million won shall be paid until September 23, 2013.
C. On September 2, 2013, the Plaintiff changed the use on the building ledger of the first and second floor among the instant buildings to business facilities (offices). On September 4, 2013, the Defendant moved into the instant building on the new wall and commenced the work of the B Probation Office. From September 5, 2013, residents opposing the transfer of B Probation Office led to the assembly and demonstration by residents.
The Defendant issued a certificate that the instant lease contract was terminated as of October 31, 2013 on the ground that only the Plaintiff paid the rent and management expenses for September 2013 and October 29, 2013 to the Plaintiff on the ground that “it is impossible for local residents to perform duties in the instant building due to opposition and heavy civil petitions to the relocation of the B Probation Office, and nonperformance of the obligation to change the purpose of use of the third floor among the instant building.”