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1. The Plaintiff’s term of the lease agreement on February 19, 2014 between the Plaintiff and the Defendant as to the real estate indicated in the attached list, and the Plaintiff.
Reasons
1. The following facts may be acknowledged in full view of the facts not disputed between the parties to the facts of recognition and the whole purport of pleadings in the entries and videos of Gap evidence 1, 2, 3-1, 2, 3-3, Gap evidence 9-1, 2, Eul evidence 2-6 to 9, Eul evidence 2-3, and Eul evidence 3:
On February 19, 2014, the Plaintiff leased KRW 2,090,000 per month to the Defendant as rent including value-added tax for 50,000,000 for 24 months, the real estate stated in the attached Table (hereinafter “instant office”) on the 19th day of each month.
B. On March 19, 2014, 1,900,000 won, 1,900,000 won, 21 April 21, 2014, and 1,900,000 won on May 20, 2014, and 1,900,000 won on June 20, 2014, the Defendant merely remitted to the Plaintiff, and thereafter, did not pay any more rents to the Plaintiff.
C. On December 15, 2015, the copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the lease agreement on the grounds that the Defendant was in arrears, etc. reaches the Defendant on January 11, 2016.
Accordingly, the Defendant delivered the instant office to the Plaintiff on May 25, 2016.
2. Determination as to the cause of claim, etc.
A. According to the above facts, the lease agreement between the Plaintiff and the Defendant was terminated by the Plaintiff’s declaration of termination on the ground of delinquency in payment of rent. Accordingly, the Defendant is obligated to pay 48,541,935 won [2,09,00 won including value added tax + 23 months + 7/31 day) 】 [23 months + less than won as the Plaintiff did not issue a tax invoice to the Defendant, and thus, the Defendant cannot comply with the part on the claim for value-added tax, and the Defendant is obligated to pay value-added tax agreed upon to the Plaintiff solely on the grounds that the return was made to the Plaintiff of unjust enrichment equivalent to the rent or rent of the instant office from June 19, 2014 to May 25, 2016.