A. On May 27, 2017, the Plaintiff leased the Gangnam-gu Seoul Metropolitan Government D Building E (hereinafter “the instant real estate”) to Defendant Company B (hereinafter “Defendant Company”). On May 27, 2017, the Plaintiff renewed the lease agreement between the Defendant Company and the terms of KRW 20,000,000 for lease deposit, KRW 2,10,000 for rent monthly (payment on May 25, 201, separate value-added tax), and from the delivery date of the lease term until May 25, 2018 (hereinafter “instant lease agreement”); and the Plaintiff may terminate the lease agreement if the Defendant Company did not pay the lease amount for the second time.

B. On June 2017, Defendant Company delayed to pay back the rent, and Defendant C’s representative director of Defendant Company drafted, on March 5, 2018, the following notes to the Plaintiff (hereinafter “instant notes”).

The lessee who leased the instant real estate shall pay the unpaid monthly rent until May 31, 2018, and shall promise to terminate and return the said lease if he/she becomes aware of the full payment. No portion of the unpaid rent until May 31, 2018, and the lessee shall be liable for any matters and damages arising from nonperformance of the promise.

Each secretary (Lessee) C

C. The Defendant Company delivered the instant real estate to the Plaintiff on March 16, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated upon delivery to the Defendant Company of November 23, 2018 of a copy of the complaint of this case stating the Plaintiff’s declaration of termination due to delinquency in rent for at least two years of the Defendant Company. Since there is no dispute between the parties that the Defendant Company occupied and used the instant real estate by the delivery date of the instant real estate, the Defendant Company is the lessee, and the Defendant C is the Defendant Company’s obligation to pay the rent of the Defendant Company upon the preparation of the instant letter.