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1. The defendant shall be the plaintiff.
(a) KRW 500,00 and for this, 5% per annum from January 27, 2017 to March 10, 2017.
Reasons
Basic Facts
A. On January 26, 2015, the Plaintiff: (a) determined on January 26, 2015, the term “5. value-added tax shall be paid by the lessee” as stipulated under the said special agreement, setting the lease term of KRW 98.42 square meters for two-story stores (hereinafter “instant store”) among the three-story buildings on the ground of the 1st floor above the ground of the 3rd floor below the ground of the 1st floor in Jeju-si, by January 26, 2017 (hereinafter “instant lease agreement”); (b) the deposit amount of KRW 4,00,000 per annum; and (c) the rent of KRW 5,00,000 per annum; and (d)
B. Since January 26, 2015 to January 26, 2016, the Defendant paid rent to the Plaintiff from January 26, 2016 to January 26, 2016; KRW 833,300 on February 29, 2016; KRW 416,66 on April 6, 2016; KRW 416,66 on May 20, 2016; KRW 2,083,330 on December 22, 2016; KRW 705 on January 5, 2017; and KRW 416,705 on January 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, plaintiff's assertion of the purport of whole pleadings
A. The Defendant did not pay the Plaintiff annual rent of KRW 5,00,000 (from January 27, 2016 to January 26, 2016) that was agreed to pay in advance pursuant to the instant lease agreement, and did not pay the Plaintiff even after receiving the notice of performance from the Plaintiff, and the Plaintiff terminated the instant lease agreement by delivery of the written complaint.
Even if the contract of this case was not terminated by the delivery of the complaint of this case
Even if the defendant filed a counterclaim, the contract of this case was terminated and the deposit was returned. Since there was an agreement between the plaintiff and the defendant that the contract of this case will be terminated, the contract of this case was terminated.
Furthermore, according to the instant lease agreement, the Defendant would bear value-added tax. If the Defendant deducts the total amount of KRW 4,538,262 from the annual rent of KRW 5,500,000 that includes value-added tax, the annual rent of KRW 916,738 was not paid. The amount equivalent to KRW 490,000 by filing a claim for increase of rent under the Commercial Building Lease Protection Act.