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1. The Defendant shall pay to the Plaintiff KRW 25,320,000 and the interest rate of KRW 15% per annum from November 30, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On March 9, 2004, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff to lease the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant store”) by setting the lease deposit amount of KRW 5,00,000, KRW 400,000 per month (the nine day per month of payment), and the lease period from March 9, 2004 to March 8, 2005 (hereinafter “instant lease agreement”).
B. On April 1, 2014, the Defendant entered into a lease agreement with C and the instant store to lease KRW 1,000,000 per month of lease deposit, KRW 400,000 per month of rent (one day per month of payment), and from April 1, 2014 to March 31, 2015 of lease period (hereinafter “instant sublease agreement”).
C. On August 26, 2015, the Plaintiff entered into a separate lease agreement with C on the instant store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the lease contract of this case was implicitly renewed. The defendant asserted that from May 2007 to July 2, 2015, the plaintiff paid 39,200,000 won (=40,000 won x 98 months) out of the monthly rent of 13,80,000 won (=40,000 won x 98 months) to the plaintiff, and sublet the store of this case without the plaintiff's consent to a third party without the plaintiff's consent. Since the lease of this case was terminated by the defendant's default and sub-lease, the defendant's payment of the unpaid rent of 25,40,00 won to the plaintiff and the defendant's payment from October 10, 201 to March 2, 2014 to 1,421,08,208,2081, and damages for delay are paid to the plaintiff.
In this regard, the defendant is not the actual party to the lease contract of this case, and in order to revitalize the commercial building in which the store of this case is located, 5,000,000 won are actually the lessee.