임대료 청구의 소
1. As to the Plaintiff KRW 42,862,00 and KRW 5,842,00 among them, the Defendant shall pay to the Plaintiff KRW 42,862,00 from November 26, 2013, and KRW 20,00,000.
1. Judgment on the ground of the Plaintiff’s claim
A. On November 2013, 2013, the Plaintiff and the Defendant share the real estate, facilities, and fixtures (hereinafter collectively referred to as “instant pension”) indicated in the separate sheet, which was used as a penture owned by the Plaintiff as owned by the Plaintiff.
(1) The Defendant’s lease agreement (hereinafter “the first agreement”) with a fixed term of KRW 60 million per annum, or one year for the term of lease to the Defendant (hereinafter “the first agreement”).
(2) Around November 25, 2013, the Defendant: (a) received delivery of the instant pension from the Plaintiff and operated the instant pension; and (b) on March 25, 2014, paid KRW 50 million to the Plaintiff as the first contractual rent.
3) On November 25, 2014, the Plaintiff renewed the lease agreement with the Defendant for a period of one year from November 25, 2014 (hereinafter “the second contract”).
(4) Around November 25, 2015, the Defendant paid the Plaintiff KRW 40 million as the secondary contract rent, and the Plaintiff renewed the lease contract with the Defendant for a period of one year from November 25, 2015 (hereinafter “third-party contract”). On March 9, 2016, the Defendant paid the Plaintiff KRW 20 million as the third contract rent.
5) Around September 2016, the Defendant delivered the instant pention to the Plaintiff after completing the operation of the instant pention. [In the absence of any dispute over the grounds for recognition, the Defendant’s delivery of the instant pention to the Plaintiff.] (Evidence 1-1-8, Evidence 1-2, Evidence 2-2, Evidence 2-4, and the purport of the entire pleadings.
B. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the total amount of the unpaid rent of KRW 10 million and delay damages for the amount of KRW 20 million among the secondary contract rents, KRW 40 million out of the third contract rents, and KRW 70 million in total, barring any special circumstance. Thus, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 70 million and its delay damages.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the primary contract rent of KRW 10 million is KRW 10 million is based on the following facts: the Defendant’s assertion that the primary contract was made between the Plaintiff and the Plaintiff.