beta
Text
1. From 30,00,000 to 30,000 won, the Defendant shall each month from May 30, 2017 to the completion date of delivery of the buildings listed in the separate sheet.
Reasons
1. Basic facts
A. On November 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease period of KRW 30,000,000 per deposit, KRW 50,000 per month of rent (payment after November 30, 201), and between November 30, 2016 and November 29, 2018.
Around November 30, 2016, the Defendant paid the Plaintiff KRW 30,000,000 as lease deposit, and thereafter, is residing in the instant building from around that time to the date of closing argument.
B. The Defendant paid KRW 3,00,000 to the Plaintiff from December 2, 2016 to May 2017, but did not pay the rent thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. In light of the record, it is apparent that the copy of the complaint of this case stating the Defendant’s declaration of the termination of the instant lease contract on the ground of two or more rent delays, which had been served on February 20, 2018, the instant lease contract was terminated at that time. Therefore, barring any special circumstance, the Defendant is obliged to deliver the building of this case to the Plaintiff and pay the Plaintiff the rent or the rent for the rent for the lease of this case at the rate of KRW 500,000 from May 30, 2017 to the completion date of delivery of the building of this case.
B. The defendant's defense is a defense of simultaneous performance to the effect that the defendant cannot respond to the plaintiff's claim until the deposit for lease is returned from the plaintiff.
The fact that the Plaintiff received KRW 30,00,000 from the Defendant is as seen earlier, and in the lease contract, the security deposit is to secure all the obligations of the lessee arising from the lease until the lease is delivered to the lessor after the termination of the lease contract. The amount equivalent to the security deposit is after the termination of the lease relationship.