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The defendant shall pay 74,100,000 won to the plaintiff and 12% per annum from July 19, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On October 20, 2017, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to lease KRW 100,000,000 from November 20, 2017 to November 20, 2019, the monthly rent of KRW 4,50,000 (excluding value-added tax) of the building C’s neighborhood living facilities (hereinafter “instant store”).
B. The Plaintiff and the Defendant stipulated in paragraph (3) of the terms and conditions of the instant contract that “The application for tobacco tickets shall be filed as D” (hereinafter “instant special agreement”), and the Plaintiff registered its business with the trade name “E” at the instant store on December 7, 2017, and was designated as a tobacco retailer on December 8, 2017 by having the place of business located in the instant store as the instant store.
C. From a third party around December 2017, the Plaintiff leased the instant store F of the Commercial Building Act (hereinafter “F of this case”) to a third party, and was issued a tobacco retailer designation letter by filing an application for changing the location of the instant store from the instant store to the instant F of the said store. D.
On April 1, 2019, the Plaintiff decided to transfer the right of lease and the right of operation of the instant FF store to a third party who intends to operate convenience stores, and filed a report on the closure of the tobacco retail business of the “E” so that the third party can obtain a new designation of the tobacco retail business at the said place.
E. On April 2019, the Plaintiff: (a) filed a registration of business with the instant store’s place of business under the trade name “G” and filed an application for designation of tobacco retailers whose place of business is the instant store.
F. As of April 10, 2019, the Defendant sent to the Plaintiff a notice of termination that the instant contract will be terminated on the ground of the delinquency in rent (hereinafter “instant termination notice”) with content certification, and the Plaintiff terminated the contract to the Defendant as of April 12, 2019.