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1. The Defendant’s KRW 103,00,000 as well as the annual rate of KRW 5% from December 30, 2013 to January 15, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On June 22, 2011, the Plaintiff leased (hereinafter “instant lease agreement”) the KRW 100,000,000 per month from the Defendant, the lease deposit amount of KRW 100,000 from August 30, 201 to August 29, 2013, the period of lease of KRW 100,000,000,000 for the first floor of the commercial building in the Daejeon Seo-gu Daejeon Complex C Complex (hereinafter “instant commercial building”).
[However, the Plaintiff and the Defendant separately prepared a lease contract (No. 13, No. 5) in which the rent is KRW 500,000 per month for reporting at a tax office.
At the time of the instant lease agreement, the Plaintiff paid KRW 3 million to the Defendant as security deposit for air conditioners established in the instant commercial building (hereinafter “air conditioners”), but agreed to receive the security deposit from the Defendant when the Plaintiff moved from the instant commercial building.
C. Article 3(3) of the lease agreement (Evidence A No. 1) made between the Plaintiff and the Defendant, stating that “if the Plaintiff and the Defendant fail to notify in writing 30 days before the expiration of the lease term or the Defendant of their intent to change the conditions, the lease term shall be extended under the same conditions as the instant lease contract” (hereinafter “the instant automatic extension provision”).
From July 2012, the Plaintiff and the Defendant agreed to lower the rent of KRW 2.3 million per month as stipulated in the instant lease agreement.
E. On December 20, 2013, the Plaintiff sent to the Defendant a document to the effect that “the Plaintiff would deliver the instant commercial building on December 29, 2013.” At the same time, the Plaintiff sent the document stating that “the Plaintiff would deliver the instant commercial building and return KRW 100 million deposit and KRW 3 million deposit to the instant air conditioner,” and the Defendant received the said content-certified mail on December 23, 2013.
F. The Defendant did not appear in the instant commercial building on December 29, 2013.
Accordingly, on December 29, 2013, the Plaintiff is the commercial building of this case.