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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From 11,439,500 won and from March 10, 2019
Reasons
1. Determination as to the cause of claim
A. 1) On March 9, 2017, the Plaintiff: (a) on March 9, 2017, the building listed in the separate sheet C (hereinafter “instant building”).
(2) From April 10, 2017 to April 9, 2019, the Plaintiff leased the instant building to KRW 15 million, KRW 1.6 million per month of rent (the tenth day of each month). Since then, the Defendant succeeded to the said lease. The Plaintiff leased the instant building to the Defendant on June 5, 2017 from June 5, 2017 to April 9, 2019, KRW 15 million of lease deposit and KRW 1.6 million per month of rent (hereinafter “instant lease”).
A) Around that time, the instant building was delivered to the Defendant. (2) According to the instant lease agreement, the contract may be terminated in a case where the lessee has failed to pay rent for at least three months. The Defendant paid only rent for the portion on June 2017 and July 2017 to the Plaintiff and did not pay that rent thereafter.
3) Meanwhile, the Plaintiff filed a lawsuit against C with the Plaintiff seeking delivery of the instant building (U.S. District Court 2018Kadan51658), and the Defendant submitted a document stating that the Plaintiff incurred loss of KRW 3,960,50 [the labor cost of KRW 170,500,000,000,000, paid for the replacement of the machinery parts due to the replacement of the rent of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
B. Determination 1) The Defendant delayed the payment of the instant rent for at least three years. Since the instant lease contract was terminated by serving the Defendant on June 11, 2018, the Defendant is obligated to deliver the instant building to the Plaintiff, on the ground that the duplicate of the instant complaint stating the intention to terminate the instant lease contract on the ground of the foregoing delay was served on the Defendant. Furthermore, the Defendant is obligated to deliver the instant building to the Plaintiff.