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1. The judgment of the first instance court, including the selective claims added by the Plaintiff in this court, is modified as follows.
Reasons
Basic Facts
On January 10, 2018, the Plaintiff entered into a contract with the Defendant for the lease deposit of KRW 60,00,000, monthly rent of KRW 4,620,000 (including additional tax), and KRW 10,000 (hereinafter “instant lease contract”). At that time, the Plaintiff handed over the instant building to the Defendant, and the Defendant paid KRW 60,00,000,000 to the Plaintiff.
Article 2 (Deposit Deposit, Monthly Rent, and Management Fee) (2) The monthly rent of the instant lease agreement related to the instant case shall be determined as KRW 4,200,000,000 per annum (V.A.T.) (hereinafter “Management Fee”) and the Defendant shall not pay monthly rent by the month. The Defendant shall not pay monthly rent in arrears, and additional 30% per annum on the amount in arrears shall be paid.
If the amount of arrears and arrears are collected at the time of termination of a lease agreement, the plaintiff shall refund the deposit to the defendant after deducting arrears and additional charges.
Article 3(2) Public utility charges, such as mining and heating costs, for the leased area during the lease period, shall be borne by the defendant. Article 6(2) of the Agreement is terminated when the following causes arise to the defendant. At the same time, the defendant agrees to return the leased area.
(1) When the payment of rent (including delayed payment) is delayed two or more times, environmental charges and traffic congestion charges under Article 7 (5) shall be borne by the lessee. The details are as follows. On January 10, 2018, the Defendant completed business registration with the trade name “D” from the instant building and operated the billiard, and the Plaintiff was not paid from June 10, 2018 (from June 10, 2018).
Accordingly, on August 31, 2018, the Plaintiff sent to the Defendant a notice to the effect that “the instant lease contract is terminated on the ground that the Defendant was in arrears with the three-year period of rent,” and on September 5, 2018.