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1. The Defendant’s KRW 30,071,300 as well as 5% per annum from May 17, 2019 to July 26, 2019 to the Plaintiff.
Reasons
1. The fact that the Plaintiff supplied the Defendant with salted fish, scam, etc. with the trade name of “C” from March 2016 to November 2017; and the fact that the amount of goods the Plaintiff did not receive from the Defendant was 30,071,300 does not conflict between the parties.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 30,071,300 won and damages for delay calculated by the rate of 5% per annum under the Civil Act from May 17, 2019 to July 26, 2019, which is the date following the delivery date of a copy of the application for modification of the purport of the claim of this case, to the plaintiff, for the existence and scope of the obligation to perform, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. The Defendant’s argument regarding the Defendant’s assertion: (a) the Plaintiff leased the store building to the Plaintiff; and (b) the Plaintiff paid the monthly rent of KRW 1.1 million to the Plaintiff; and (c) from around September 2009, the Plaintiff continued to receive the monthly rent of KRW 1.1 million from the Defendant despite the lessor’s order to lower the monthly rent of KRW 9 million; and (d) on June 27, 2014, the Plaintiff sent only a portion of the monthly rent of KRW 4 million, which is a part of the Defendant, to the Defendant, by notifying the Defendant on June 27, 2014 that he/she received the monthly rent of KRW 200,000,000,000, which is a total of KRW 4,000,000,000,000, as the Plaintiff is obligated to return the remainder
The plaintiff, from September 2005, set a deposit of KRW 30 million, monthly rent of KRW 1100,000,000,000 and operated the store in the D market, and leased it to the defendant on or around January 2007, he was to receive only KRW 110,000,000 without a deposit, and sublet the above commercial building at the request of the plaintiff. The fact that the monthly rent was reduced from KRW 11,00,000 to KRW 9,000,000,000 from the lessor.