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1. As to the Plaintiff KRW 107,708,80 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 7,708,800 from October 22, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a lessee who is operating a “B agency” and is occupying and using a 389.9mm2 and 39.36m2 of the 2nd floor of the 2nd floor of the general steel structure and the 370m2nd floor of the 2nd floor of the 389m2 roof, located on the 370m2 and the 39.36m2 of the 2nd floor of the 2nd floor of the 389m2.
B. The Defendant consented to the construction of the instant building on the size of 990 square meters among the above C’s site and D’s 90 square meters under the condition that E and F, the owner of the said C’s site, are the owner of the said D’s land, and the lessee of the said building, who leased the instant building from F and E, transferred the building to the Plaintiff, is the sub-lease.
B. On December 1, 2012, the Plaintiff entered into a sub-lease contract with the Defendant on the following terms: (i) the period of sub-lease for the instant building from December 1, 2012 to November 30, 2017; (ii) the deposit for the sub-lease is KRW 300 million; and (iii) the monthly deposit is KRW 300 million,000,000,000 (hereinafter “sub-lease contract”).
Before concluding the sub-lease contract of this case, G entered into a sub-lease contract with the Defendant and carried on business in the building of this case. The Defendant occupied and used 218 square meters (hereinafter “Defendant occupied part”) summing up the parts of the building of this case and the portions of the 2.18 square meters (hereinafter “the part of the building of this case”), among the specifications 1 attached to the building of this case, and the sub-lessee continued to possess and operate the said parts while continuously occupying
C. From December 1, 2012 to February 29, 2016, the Defendant calculated the Defendant’s eviction and use profit: (a) used the Defendant’s occupied portion from December 1, 2012 to February 29, 2016; (b) the use profit amounting to KRW 2,761,766 per month (=218㎡ ¡§ 789.35 square meters x 10,000 won); and (c) obtained 107,708,800 won for 39 months (=2,761,766 won x 39 months).
Defendant.