2. The costs of lawsuit shall be borne by the defendant.

A. The Plaintiff and the Defendant leased the instant movable property indicated in the separate sheet (hereinafter “instant movable property”) owned by the Plaintiff, and entered into a lease agreement under which the Defendant would be paid rent monthly from the Defendant (hereinafter “instant lease agreement”). The main content of the instant lease agreement is as follows.

The lease contract was entered into on December 14, 2015 between the original parties, and the contract was terminated by the Plaintiff due to the Defendant’s delinquency in rent, and the renewal was concluded with the permission of the court after the commencement of the rehabilitation procedure for the Defendant.

Article 22(1)5 of the terms and conditions of the instant lease agreement provides that the Plaintiff may terminate the instant lease agreement in cases where: (a) the overdue interest rate of the monthly overdue interest rate of the object subject to the contract on November 10, 2016 is repaid in installments at 24% for 36 months; and (b) Article 22(1)5 of the terms and conditions of the instant lease agreement provides that “if the amount of the rent is overdue at least twice within three months after the commencement of the lease or the amount of the overdue interest exceeds three-minute lease fees.”

B. The Defendant received delivery of the instant movable property from the Plaintiff pursuant to the instant lease agreement, and has been occupied and used until now.

C. On September 29, 2017, the Plaintiff sent to the Defendant a notice to the effect that “the contract was terminated by the termination clause on the contract because the Plaintiff urged the Defendant to perform the obligation under the Defendant’s agreement (four-minute lease fee) but failed to perform it,” and the said notice reached the Defendant at that time.

The rehabilitation procedure against the defendant was commenced on June 17, 2016 by Changwon District Court 2016 Ma10016, but completed February 28, 2018.

【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, 2, 2-5, Gap evidence 6-1, 2-2, Gap evidence 7-1, 8, Gap evidence 9-1, 2, Eul evidence 9-1, 1, 2, 1, 2, and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim.