월임차임
Defendant B’s KRW 31,495,170 as well as 5% per annum from November 26, 2019 to July 2, 2020.
1. Comprehensively taking account of the overall purport of arguments as to the claims against Defendant B, the Plaintiff and Defendant B entered into a lease contract with the following terms: (a) around April 2014; (b) around KRW 10 million; (c) monthly rent of KRW 700,000 (excluding electricity and telephone charges); and (d) from April 9, 2014, the lease contract with the Plaintiff to be leased to Defendant B (hereinafter “instant lease contract”); (c) around 2015, the monthly rent of the instant lease contract was extended to KRW 100,00; (d) the period of lease was extended to KRW 40,000; (e) Defendant B did not pay rent of KRW 10,000; and (e) Defendant B did not pay rent of KRW 50,000; and (e) Defendant B expressed his intention to not pay rent of KRW 30,510; and (e) Defendant B did not pay rent of KRW 45,019.
According to these facts, the instant lease contract was terminated after May 31, 2019, according to the Plaintiff’s expression of intention of termination.
Therefore, Defendant B, as the Plaintiff’s claim, shall be 31,495,170 won remaining after deducting KRW 10,000,000 from the sum of overdue rent, etc. for the Plaintiff, and 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 26, 2019 to the date of this decision, which is clear that Defendant B, from November 26, 2019, is the day following the day on which the original copy of the instant payment order was served to Defendant B, as the Plaintiff’s claim.