임대료청구의 소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Facts of recognition;
A. On February 1, 2018, the Plaintiff concluded a lease agreement with the Defendant on a deposit for lease deposit of KRW 20,000,000, monthly rent of KRW 2200,000 (including additional tax, the payment on the last day of each month), from February 1, 2018 to January 31, 2021 (hereinafter “instant lease agreement”); and as a special agreement, the Plaintiff determined that “the building management fee after the completion of the remainder of the deposit shall be borne by the lessee.”
The Defendant paid the deposit to the Plaintiff on the day of the contract.
B. The Defendant paid the rent up to August 2018, but was in arrears from September 2018 to November 2018, 2018, but the rent was paid up to December 2018, but was in arrears as of January 2019.
Accordingly, on January 30, 2019, the Plaintiff agreed to the reduction of rent with respect to the rent of the instant building, stating that “The rent shall be applied until January 31, 2019 according to the previous terms and conditions of the contract, the unpaid rent shall be paid until April 30, 2019, and the subsequent rent shall be reduced by 50% from February 1, 2019 to January 31, 2020.”
hereinafter referred to as "agreement on reduction in this case"
(C) However, on August 16, 2019, the Defendant did not pay the unpaid rent up to the part of January 2019, unlike the above reduction agreement. Around August 16, 2019, the Plaintiff sent to the Defendant a certificate of content that stated that the instant lease contract was terminated on August 31, 2019 on the ground of the Defendant’s delinquency in rent, and the said certificate was served on the Defendant around that time. D. The Defendant handed over the instant building to the Plaintiff on November 1, 2019.
2. The assertion and judgment
A. The purport of the Plaintiff’s assertion was as follows: (a) the instant lease agreement was terminated on August 31, 2019; (b) the Defendant’s delayed payment of KRW 20,900,000 by August 31, 2019; and (c) management expenses paid on behalf of the Defendant on behalf of the Defendant 3,542.