beta
Text
1. The Defendant’s KRW 23,613,33 as well as the Plaintiff’s KRW 6% per annum from November 5, 2016 to August 10, 2017.
Reasons
1. Basic facts
A. From January 2016, the Plaintiff entered into a special agreement with B on the instant real estate site and ground building (hereinafter “instant real estate”) through a local food plant (hereinafter “local food company”) to lease (hereinafter “the instant lease”) with a deposit of KRW 350,000,000, monthly rent of KRW 15,400,000, and the period from April 30, 2016 to April 30, 2019, the Plaintiff entered into a sub-lease agreement with B to operate the facility through a local food plant (hereinafter “foreign company”).
B. D entered into a sub-lease agreement with the non-party company as to the instant real estate as the 100,000,000,000 won for the sub-lease deposit, and as the amount corresponding to the instant lease agreement (from June 1, 2016), and began to operate a wholesale retail store, such as the mutual meat of “E” in the instant real estate from June 1, 2016. On July 1, 2016, D entered into a partnership agreement with the Defendant to jointly operate the Mat.
C. On July 15, 2016, the Defendant terminated the instant partnership agreement with D and independently operated the set, and the Plaintiff entered into a sublease contract with the Defendant on August 24, 2016, which consists of KRW 15,400,000 per month of the rent (hereinafter “instant sublease contract”).
On August 29, 2016, the Plaintiff notified the Defendant that the instant sub-lease contract was terminated as of September 2, 2016, on the ground that he/she failed to fulfill the prior performance condition, and the Defendant, by October 9, 2016, transferred the said marina to F on October 10, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 18, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant: (a) pursuant to the instant sub-lease contract from August 24, 2016 to October 9, 2016, KRW 23,613,33 of the rent or unjust enrichment equivalent to the rent that occurred from August 24, 2016 to September 23, 2016 = 15,40,000 won from August 24, 2016 to September 24, 2016.