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1. The defendant is paid KRW 5,740,970 from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On August 31, 2015, the Plaintiff entered into a contract with the Defendant to lease the entire amount of KRW 100.18 square meters on the first floor among the real estate listed in the attached Table list (hereinafter “instant real estate”) with a deposit of KRW 10 million, KRW 700,000 per month, and KRW 10,000 per month from September 10, 2015 to September 10, 2017 (hereinafter “instant lease contract”), and received the lease deposit of KRW 10 million on the same day.
B. The Defendant failed to pay the monthly rent for five months until September 10, 2017, when the lease term under the instant lease agreement expires. On July 2017, the Defendant expressed his/her intention not to renew the lease upon the occurrence of a dispute between the original Defendant due to the first floor water supply construction work. On August 29, 2017, the Defendant placed a director with a part of the cooling house and the restaurant equipment left behind, but did not return the key of the instant real estate to the Plaintiff yet.
C. On September 8, 2017, prior to the expiration of the instant lease contract term, the Plaintiff would pay the Defendant the deposit immediately after deducting all the remaining animals at home and returning the key.
Around September 13, 2017, after the lease agreement term expires, “the Plaintiff sent a text message to the Plaintiff.” Around September 15, 2017, the Plaintiff sent a certificate to the effect that the Defendant would pay and deliver the deposit to the Plaintiff, and the Plaintiff sent a certificate to the effect that the Plaintiff would return the remainder after deducting the unpaid monthly rent and the electricity rent when performing the duty to restore.
[Ground of recognition] Facts without dispute, Gap 2 evidence, Gap 4-1 and Eul 2's evidence, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The main point of the Plaintiff’s assertion is (i) the instant lease agreement concluded between the Plaintiff and the Defendant is not only the director prior to the expiration of the contract term, but also the monthly overdue for not less than three months, and thus the lease agreement is concluded by the delivery of a copy of the instant complaint.