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1. The Defendant calculated the Plaintiff at the rate of 27,636,410 won and 20% per annum from October 12, 2013 to the date of full payment.
Reasons
1. Basic facts
A. On June 15, 201, the Plaintiff concluded a lease agreement with the Defendant who represented Nonparty B on the fourth floor (hereinafter “instant building”) among the fifth floor of the building in Daegu-gu, Daegu-gu, as the lessee, with the content of the deposit deposit for lease deposit of KRW 50 million, monthly rent of KRW 310,000,000, monthly rent of KRW 315,000, June 15, 2011, and settlement of actual expenses for management expenses, etc., but on September 22, 2011, the Plaintiff changed the Defendant and the lessee to the Defendant and concluded a lease agreement (hereinafter “instant lease agreement”).
The Plaintiff and the Defendant agreed to change the monthly rent from November 1, 201 to KRW 2.7 million.
B. On September 23, 2011, the Defendant completed the business registration of a health club in the name of “E” on the location of the instant building.
C. The Defendant paid KRW 3,61,010 to the Plaintiff for monthly rent and management expenses around February 2012, and paid KRW 8,957,660 for monthly rent and management expenses around April 2012 in the name of Nonparty F, but did not pay the remainder of monthly rent and management expenses.
At present, the total amount of monthly taxes and management expenses that the defendant did not pay is KRW 27,636,410.
[Ground of recognition] The written evidence Nos. 1, 2, and 3, the witness G's testimony, the purport of the whole pleadings
2. Determination
A. According to the facts established above, the Defendant is obligated to pay to the Plaintiff the unpaid monthly rent and management expenses KRW 27,636,410, and damages for delay calculated by the rate of 20% per annum from October 12, 2013 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.
B. At the time of the conclusion of the instant lease agreement, the Defendant merely responded to the Defendant by requesting that only the name of the de facto lessee was defective, and the Plaintiff was aware of the fact that the de facto party to the instant lease agreement was B, and thus, sought payment of the unpaid monthly rent and management fee to the Defendant, who is only the nominal lessee.