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1. From March 17, 2018 to the completion date of delivery of buildings listed in the separate sheet from KRW 17,959,290 by the Plaintiffs.
Reasons
1. Facts of recognition;
A. On September 19, 2017, the Plaintiffs acquired the ownership of the building listed in the separate sheet (hereinafter “instant building”) and entered into a lease agreement with the Defendant on September 19, 2017 by setting the lease deposit of KRW 40 million, monthly rent of KRW 3440,00 (in addition, KRW 16,00) with respect to the instant building, from May 17, 2017 to May 16, 2019 (hereinafter “instant lease agreement”); and the Defendant operated a restaurant in the instant building.
According to Article 7 of the above contract, if the lessee fails to pay the rent for the period of three years, the lessor may terminate the contract, and the lessee agreed to pay the management expenses and public charges after the remainder date in paragraph 3 of the special agreement.
B. From December 2017 to March 2018, the Defendant paid KRW 13,760,000 for monthly rent and KRW 2,064,00 for six months of surtax, and the Defendant unpaid KRW 6,216,710 for E management expenses from June 2017 to March 19, 2018.
C. On March 5, 2018, Plaintiff A notified the termination of the lease agreement on the grounds of the Defendant’s delinquency in the monthly rent, and the instant complaint stating the Plaintiffs’ intent to terminate the contract was served on the Defendant on April 17, 2018.
【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, purport of the whole pleadings】
2. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case, stating the plaintiffs' declaration of termination of the contract on the ground of the defendant's delinquency in monthly rent.
The defendant shall pay 17,959,290 Won - 22,040,710 Won - 22,040,710 from the plaintiffs: the overdue rent and the unpaid management expenses prior to the expiration of the lease contract may be deducted from the lease deposit, or the lessor may claim the deduction.