가. 원고는 피고와 별지 목록 기재 부동산 중 별지 도면 표시 ㉢, ㉣, ㉤, ㉥, ㉢을 순차로 연결한 선내 (가) 부분 139㎡(이하 ‘이 사건 점포’라 한다)에 관한 임대차관계를 유지하던 중, 2016. 3. 4. 피고와 사이에 이 사건 점포에 관하여 임대차보증금 70,000,000원, 월차임 3,000,000원(부가가치세 별도, 매월 말일 후불), 임대차기간 2017. 8. 31.까지로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

B. At the time of the instant lease agreement, the management fee including KRW 60,000 per month was imposed on the Defendant, and the special agreement was concluded to impose the late payment charge of KRW 15,000 per day in arrears when the monthly rent is overdue.

C. From April 2016, the Defendant delayed to pay monthly rent. Accordingly, the Plaintiff terminated the instant lease contract by delivering a copy of the instant complaint seeking the delivery of the instant store.

As of February 28, 2017, monthly rent of 44,30,00 won [3,300,000 won (3,30,000 won x 11 months from April 2016 to February 2017] for overdue management expenses]; 4,797,940 won (total management expenses - KRW 7,936,950 - paid 3,142,010) for late rent of 30,645,00 won in total from September 2015 to January 2, 2017; 4,797,940 won in arrears; 3,142,010 won in arrears; 40,645,000 won in arrears for late rent of 30,645,000 won in arrears (calculated in the separate sheet; hereinafter the same shall apply); however, the Defendant’s assertion that the late payment charges should not be accepted for every 3 months in arrears.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the Defendant’s acceptance of the Defendant’s duty of delivery, the Defendant was in arrears with more than three months, and the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination.

Therefore, the defendant is 70,000.