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1. The judgment of the first instance court, including a counterclaim claim filed by the Defendant (Counterclaim Plaintiff) in the first instance.
Reasons
1. (1) On March 20, 2009, Nonparty D, the owner of the instant building, determined and leased the instant commercial building as KRW 10 million, term of lease from March 20, 2009 to March 19, 2014 (including payment on March 30, 2009 and value added tax; hereinafter the same shall apply) and received the said deposit from the Defendant around that time, and delivered it to the Defendant.
The Defendant operated the “E driving school” in the instant commercial building.
Since March 19, 2014, the term of lease of this case expired, the lease was implicitly renewed, and the deposit and the terms of rent were maintained without any changes in increase or decrease.
[The Defendant, on January 28, 2008, leased the 2030,000,000 won from D as deposit money, from January 28, 2008 to January 27, 2010, and leased the 17,000,000 won per month from January 28, 2008 to January 27, 2010 (including value-added tax) among the instant buildings (hereinafter “the instant reading room”). The reading room in this case is referred to as “the instant reading room”).
(2) The Plaintiff purchased the instant building from D on March 18, 2015 and completed the registration of ownership transfer on June 5, 2015, and accordingly, succeeded to the lessor’s status as to the instant commercial building and the instant reading room. In addition, the lease of the instant reading room was implicitly renewed on or after January 27, 2010, which is the expiration of the lease term. The sum of monthly rents for the instant commercial building and the instant reading room was KRW 2310,00 (550,000) per month.
(3) After June 5, 2015, the Defendant delayed payment to the Plaintiff as to the instant commercial building and reading room for at least three occasions. Accordingly, the Plaintiff’s total rent for the 17-month period from June 5, 2015 to November 5, 2016, “from June 5, 2015 to November 5, 2016,” which is the date of acquisition of the ownership of the instant building, is KRW 3,9270,00 (monthly rent 2.310,000 x 17 months). Of these, the Defendant on December 20, 2012.