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1. The Defendant’s KRW 5,238,00 and its annual rate from September 3, 2014 to October 24, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On July 2006, the Plaintiff entered into a lease agreement with the Defendant on the first underground floor among the commercial buildings located in Sejong-si (hereinafter “instant building”) and delivered it to the Defendant, and thereafter, the Defendant thereafter operated the instant building with singing points.
On July 28, 2011, the Plaintiff concluded a lease contract with the Defendant (hereinafter “instant lease contract”) which stipulated the lease deposit of KRW 10,000,000 for the instant building, monthly rent of KRW 900,000, monthly management fee of KRW 75,000, monthly management fee of KRW 75,000, and one-year lease term of KRW 1 year for the instant building.
B. The Defendant paid only the rent and management expenses up to July 2012 to the Plaintiff, and suspended the operation of the singing shop on February 28, 2013, and delivered the instant building to the Plaintiff on August 28, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts acknowledged earlier, the instant lease contract was terminated at the expiration of the period without implied renewal on July 27, 2013 (the Plaintiff terminated the instant lease by delivery of a copy of the complaint of this case, but there is no dispute among the original Defendant as to the fact that the instant lease contract has been renewed on a yearly basis, so long as the Defendant ceased to use and benefit and ordered the Plaintiff to use the instant building on the said date, it is reasonable to deem that the said lease was terminated at the expiration of the period on the said date). The Defendant is obligated to pay the Plaintiff the monthly rent from July 29, 2012 to August 28, 2013, the delivery date of the instant building from July 28, 2012 to August 28, 2013 (=975,000 won x 12,675,000 won x 13 months).
Although the Defendant did not use or benefit from the instant building as its original usage after the termination of the instant lease agreement, the said lease agreement is terminated.