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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On June 18, 2018, the Plaintiff: (a) leased the real estate indicated in the attachment (hereinafter “instant apartment”) to the Defendant at KRW 10,00,00,000, and the period from June 23, 2018 to June 22, 2020 (24 months); (b) the period from June 23, 2018 to June 22, 2020, and (c) the amount of KRW 80,000,00 (payment after June 22, 202) as special terms and conditions at the time of the conclusion of the lease agreement, the lessee would raise the deposit at KRW 10,00,000 at the point of six months from the remainder of the lease agreement (on December 24, 2018). Provided, That when failing to implement, the Plaintiff shall apply KRW 10,000,000 per month to KRW 1,000 per month.”
B. From August 23, 2018, the Defendant paid KRW 1,600,000 on April 20, 2019, while not paying the monthly rent (on September 22, 2018, the payment date) from August 23, 2018.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The Plaintiff, upon the termination of the instant lease agreement, sought against the Defendant the payment of the amount calculated by the rate of KRW 900,000 per month from July 25, 2018 to December 25, 2018, as well as from the date of delivery of the said real estate.
According to the facts acknowledged above, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the plaintiff's intention to terminate the contract on the ground of the above rent delay, etc., the defendant is obligated to deliver the apartment of this case to the plaintiff.
In addition, as seen in the table below, the Defendant is obligated to pay the Plaintiff the amount calculated by applying the rate of KRW 900,000 per month from June 23, 2019 to the date of delivery of the instant apartment from June 23, 2019.
According to the instant lease agreement on July 22, 2018, following the 22th day of each month, the unpaid rent (won) remaining after the payment date by the Defendant was made.