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1. The Defendant’s KRW 38,927,00 for the Plaintiff and 5% per annum from September 8, 2016 to October 6, 2016.
Reasons
1. Basic facts
A. As to the fourth floor of the building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant leased building”), the Defendant leased this to the Media Capital Co., Ltd. and leased it to the Plaintiff following the completion of the lease.
B. On May 21, 201, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building with a deposit of KRW 40 million, monthly rent of KRW 3 million (excluding value-added tax and management expenses) (hereinafter “instant lease agreement”), and the previous lessee did not remove the partitions installed by the previous lessee, etc.
C. The content of the instant lease agreement concerning restitution is as follows.
Since then, the Plaintiff and the Defendant renewed the instant lease contract two times on May 30, 2013 and May 31, 2015.
E. On June 7, 2016, after May 30, 2016, the final termination of the lease term, the Plaintiff sent a document verifying that the Plaintiff did not intend to renew the instant lease agreement to the Defendant, and on September 6, 2016, three months after the date of notification, the Plaintiff returned the deposit to the Defendant (the details related to the notification of termination of the lease contract and the return of the deposit). This reached the Plaintiff around that time.
F. The Plaintiff delivered the instant leased building to the Defendant on September 5, 2016, but did not pay KRW 1,073,000 for monthly rent and management expenses for September 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination:
A. According to the facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is KRW 38,927,00, which deducts monthly rent and management expenses not paid from the deposit, and 5% per annum as prescribed by the Civil Act, from September 8, 2016, which was the day following the day when the instant lease contract was concluded definitely, to the Defendant, until October 6, 2016, on which the duplicate of the complaint of this case was served on the Defendant.