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1. Defendant B’s KRW 29,609,964 as well as 6% per annum from October 25, 2014 to August 28, 2015.
Reasons
1. Facts of recognition;
A. Defendant B owned land and buildings located in Osan City in proportion to E and 1/2 shares, and operated entertainment tavern in the name of 2 and 3rd floor F (hereinafter “instant entertainment tavern”) among the instant buildings.
B. On November 2010, the Plaintiff entered into a lease agreement between Defendant B and Defendant B with the terms that the instant entertainment tavern was leased KRW 100 million, monthly rent of KRW 10 million, monthly rent of KRW 10 million, monthly rent of KRW 10 million, and the lease period from December 1, 2010 to November 30, 2013 (hereinafter “instant lease agreement”). The key contents of the instant lease agreement are as follows.
Article 4 (Termination of Contract) If the lessee fails to pay rent more than twice consecutively, the lessee may terminate the contract immediately.
The lessee is responsible for taxes, public charges, and various fines incurred during the term of the instant lease agreement.
Heavy taxation is paid in 50% by installments.
C. On November 11, 2010, the Plaintiff transferred KRW 70 million to G’s account at Defendant B’s request. On December 1, 2010, the name of the proprietor of the instant entertainment tavern was changed from G to Defendant C.
On December 1, 2010, the Plaintiff received and operated the instant entertainment tavern, but did not make profits therefrom, and thereafter, Defendant B did not pay monthly rent. On February 8, 201, Defendant B drafted a written confirmation to the Plaintiff on the following: (a) the deposit for lease of the instant entertainment tavern from KRW 100 million to KRW 70 million; (b) the monthly rent was reduced from KRW 10 million to KRW 8 million; and (c) the Plaintiff was entitled to receive premiums, and (d) the Plaintiff was not responsible for the business owner and building owner.
E. Defendant B, who did not pay the Plaintiff rent even after the said monthly rent was reduced, terminated the instant lease agreement on March 16, 201 on the ground that the Plaintiff was unpaid on or around March 16, 201, and the key to the entrance of the entertainment tavern in the instant case is the key.