beta
Text
1. From KRW 1,556,570 to KRW 350 each month from July 18, 2018 to the time when the defendant issues an order for apartment as stated in the separate sheet.
Reasons
1. Basic facts
A. On April 10, 2017, the Plaintiff and the Defendant concluded a lease agreement with the deposit deposit of KRW 5,00,000, monthly rent of KRW 350,000 (monthly prepaid), and the lease period of KRW 18,00 from April 18, 2017 to April 17, 2019.
(hereinafter, hereinafter, this case’s lease contract).
The defendant did not pay the monthly rent from November 18, 2017, and did not pay management expenses of 643,430 won until June 2018.
C. The Plaintiff urged the Defendant to pay the monthly rent in March 2018, but notified the Defendant of the termination of the instant lease agreement on March 12, 2018, the Defendant received the following day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated by the plaintiff's termination notification, the defendant is obligated to order the plaintiff to issue the apartment of this case and pay rent and management expenses for the enclosed monthly rent.
B. Since the defendant's obligation to specify apartment and the plaintiff's obligation to return the deposit are concurrently performed in relation to the plaintiff's assertion of simultaneous performance of obligation to return the deposit, the defendant is obligated to order the plaintiff to order the apartment of this case at the same time with the return of the remaining money after deducting the rent and management expenses deposited from the deposit from the plaintiff.
In this case, the Defendant did not pay KRW 2,80,000 in monthly rent from November 18, 2017 to July 17, 2018, and KRW 643,430 in total of management expenses notified by June 2018, as seen earlier.
Therefore, the Defendant is obliged to order the Plaintiff to order the instant apartment from July 18, 2018 to the time when ordering the instant apartment from KRW 1,556,570 (=5,000,000 - KRW 2,80,000 - KRW 643,430) to the time when ordering the instant apartment from July 18, 2018.