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1. The Defendant’s KRW 21,837,382 as well as the Plaintiff’s KRW 15% per annum from September 10, 2018 to May 31, 2019.
Reasons
1. The judgment of this Court
A. 1) On March 15, 2016, the Plaintiff: (a) on March 15, 2016, the ground building C and the land D (hereinafter “instant real estate”) on the part of the Defendant.
After the lease, around August 2016, the terms and conditions of the lease contract were modified from September 1, 2016 to February 28, 2018. (2) The Plaintiff was unable to receive the rent properly after entering into the said modified contract, and on January 31, 2018, notified the Defendant of the termination of the said lease contract at least three times on the ground that the term “the rent is overdue” under Articles 3(1) and 5(8) of the lease contract was “the rent is overdue at least three times” and was handed over from the Defendant on August 7, 2018.
[Ground of recognition] Facts without dispute, Gap 3 through 7 evidence, purport of whole pleadings
B. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the above lease agreement was terminated due to the Defendant’s delinquency in rent, barring any special circumstance, the Defendant is obligated to pay KRW 21,837,382, which remains after being deducted from the lease deposit amount of KRW 20 million among the lease deposit of KRW 21,837,382, as the Plaintiff seeks, from January 1, 2018 to August 7, 2018, the delivery date of the instant real estate, as requested by the Plaintiff, in the absence of special circumstances.
C. The defendant's defense 1) The defendant puts KRW 120 million into the real estate of this case as various facility costs, and there is no evidence to support that "the defendant's input of the facility of this case to the real estate of this case, which constitutes a beneficial expense or necessary expense recognized by the Civil Act," or that "the defendant's destruction of the facility of this case constitutes damage to the real estate of this case," or that "the plaintiff, who is the lessor, bears the duty of remuneration."