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1. The Defendant’s KRW 46,154,620 for the Plaintiff and KRW 5% per annum from September 1, 2013 to June 25, 2015.
Reasons
1. Basic facts
A. On September 17, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10 million with respect to the commercial building of KRW 302.0307 square meters on the first floor among the 101 B apartment-gun 101 Dong, Jeonbuk-gun (hereinafter “instant commercial building”), monthly rent of KRW 2.5 million (payment on the last day of each month), and the term of lease from September 1, 2009 to August 31, 201 (hereinafter “instant lease agreement”).
B. On September 2, 2013, the Defendant continued to use the instant commercial building even after the expiration of the lease term stipulated in the instant lease agreement, and decided to transfer the entire restaurant operated in the instant commercial building to the Plaintiff on September 2, 2013, and transferred the instant commercial building.
C. The Defendant did not pay the Plaintiff rent from October 201 to August 2013 regarding the instant commercial building.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 5
2. Determination
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement is deemed to have been terminated by agreement on September 2, 2013, because the Defendant decided to transfer a restaurant operated in the instant commercial building to the Plaintiff and delivered the instant commercial building, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a lease deposit of KRW 87.5 million in arrears (i.e., KRW 2.5 million in the rent from October to August 35, 2013) minus KRW 10 million in the lease deposit owned by the Plaintiff from August 2010 and KRW 7.5 million in the rent from August 2013, barring any special circumstance.
B. The Defendant, at the time of the instant lease agreement, determined the rent as the repayment of the loan owed by the Plaintiff to the Defendant in relation to the instant commercial building. On October 2010, the Plaintiff asserted that, when the repayment was fully paid on or around October 2010, the Plaintiff agreed not to receive the rent under the instant lease agreement from October 2010.
The statement of No. 10 alone is that the plaintiff and the defendant from October 2010.