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The Defendant, as the Plaintiff
(a) deliver each real estate listed in the separate sheet;
(b) 44,614,000 Won and as regards this.
Reasons
1. Basic facts
A. On April 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit amount of KRW 68,00,000, monthly rent of KRW 9,339,000 (including annual payment, value added tax) and the lease period of KRW 3 years from May 1, 2018 to April 30, 2021.
The Defendant was handed over each of the instant factories around that time.
B. The Defendant did not pay the rent of KRW 37,356,00 in total from July 2020 to November 2020 (= KRW 9,339,000 x 4 months) 44,614,00 in total (= KRW 7,258,000 in total) (= KRW 7,258,356,00 in total).
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts, the plaintiff leased each of the respective factories of this case to the defendant and delivered each of the factories of this case to the defendant, the defendant delayed payment of more than two-year rents, and the purport of the claim of this case, stating the plaintiff's declaration of intention to terminate the lease contract of this case on the grounds of the defendant's delinquency in payment of more than two-year rents, and the fact that the plaintiff delivered the defendant on December 9, 2020 a copy of the application for change in the cause of the claim to the defendant
B. Therefore, the instant lease agreement was terminated by lawful termination.
Therefore, the defendant is obligated to deliver each of the factories of this case to the plaintiff and pay delayed damages calculated at the rate of 12% per annum from December 10, 2020 to the day of complete payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 10, 2020, to the day of complete payment, which is 4,614,000 won in arrears, as well as the purport of the claim of this case sought by the plaintiff.
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.