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1. The defendant shall be the plaintiff.
(a) deliver all the second floor of the buildings listed in the Schedule;
(b) KRW 21,475,00 and August 2016.
Reasons
1. Facts of recognition;
A. On May 4, 2013, the Plaintiff leased the whole second floor of the buildings indicated in the attached Table owned by the Plaintiff to the Defendant (hereinafter “the leased object of this case”) under the following conditions:
(hereinafter referred to as “instant lease agreement”. Lease deposit: 20,000 won per month: 1,300,000 won per month (excluding value-added tax, 30,000 after the 30th of each month), and interest rate: 50,000 won per month (excluding value-added tax), management expenses: Term of lease of KRW 100,00 per month (excluding value-added tax): From May 31, 2013 to May 30, 2015:
B. The instant lease agreement was implicitly renewed even after the termination of the lease term.
C. By February 29, 2016, the Defendant received the instant complaint, and paid only the rent, premium, and management fee for a total of nine months for about 33 months, and the Plaintiff notified the Defendant of the termination of the instant lease agreement.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal
2. In full view of the evidence No. 1 of the judgment as to the cause of the claim, it is recognized that the Plaintiff and the Defendant agreed to the effect that, at the time of the conclusion of the instant lease agreement, “if the overdue rent of the lessee reaches the amount of two or more rents, the lessor may immediately terminate the instant lease agreement (Article 4 of the contract).” It is true that at the time when the Plaintiff notified the Defendant of the termination of the instant lease agreement, the overdue rent of the Defendant has reached the amount of two or more rents.
In full view of the above facts, it is reasonable to view that the lease contract of this case was terminated by the plaintiff's notice of termination on the ground of not less than two years in arrears.
Therefore, the defendant delivers to the plaintiff the object of the lease in this case, and the total rent, premium, and management fee of KRW 62,205,00 until August 30, 2016: 1,595,000 [the rent of KRW 1,300,000] management fee of KRW 50,000.