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1. The defendant shall receive KRW 3,247,313 from the plaintiff, and simultaneously deliver the real estate stated in the attached Form to the plaintiff.
Reasons
1. Determination on the cause of the claim
A. (1) On July 21, 2016, the Plaintiff leased (hereinafter “instant lease agreement”) the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 30 million, monthly rent of KRW 330,000 (including payment on the last day of the previous month and value added tax) and the lease term from July 21, 2016 to July 20, 2018 (hereinafter “instant lease agreement”).
(2) The sum of the rent paid by the Defendant to the Plaintiff under the instant lease agreement until July 2017 is KRW 39.1 million.
On the date of the first pleading, the Plaintiff and the Defendant did not dispute over the rent of KRW 39.1 million paid up to the above period. Since then, the Defendant asserted that the rent paid up to the above period through the preparatory document dated March 30, 2018 was KRW 32.1 million. However, the Plaintiff did not invoke such assertion. Rather, the Plaintiff asserted that the total rent paid up to the above period is KRW 49.9 million, on the premise that the rent paid up to the above period is KRW 39.1 million in the preparatory document dated May 28, 2018. In light of these circumstances, it is reasonable to deem that the total rent paid up to July 2017 is KRW 39.1 million.
(3) The Defendant did not pay KRW 3,152,687 in aggregate of management expenses incurred from May 2017 to July 2017 regarding the instant real estate.
(4) The Defendant paid to the Plaintiff KRW 3.3 million on February 19, 2018, and KRW 6.6 million on February 20, 2018, respectively, as the overdue rent under the instant lease agreement.
(5) On November 29, 2017, a copy of the instant complaint containing the content that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent and management expenses was served on the Defendant.
[Ground of recognition] There is no dispute or obvious fact in record;