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1. The defendant shall be the plaintiff.
A. At the same time, the Plaintiff received KRW 25,112,268 from the Plaintiff, Changwon-si, Changwon-si B.
Reasons
1. Facts of recognition;
A. On February 17, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the instant commercial building owned by the Plaintiff as five years from February 17, 2012 to February 16, 2017 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,00,000, monthly rent of KRW 5,000 (excluding value-added tax), management fee of KRW 80,00 (excluding value-added tax), electricity fee, monthly claim for water supply and sewerage fee, and the lease period of KRW 80,00 (excluding value-added tax), respectively.
B. On February 17, 2017, according to the instant lease agreement, the Defendant was handed over the instant commercial building and operated a screen golf course.
C. On August 17, 2012, the Plaintiff and the Defendant agreed to respectively change the monthly rent into KRW 3,000,000 (excluding value-added tax) and KRW 3,500,000 (excluding value-added tax) on February 17, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the following facts, the instant lease agreement was terminated on March 7, 2017, based on the fact that there is no dispute over the termination of the instant lease agreement, the entries in Gap 2, 4, and 6, and the purport of the entire pleadings:
① Articles 3 and 6 of the instant lease agreement are as follows.
Article 3 (Extension of Term of Lease) Where the plaintiff and the defendant intend to extend the term of lease due to the expiration of the term of this contract, they shall notify the renewal of this contract in writing not later than three months prior to the expiration of the term of lease, and re-contract by the expiration date
Provided, That if both parties have not notified in writing, the term of this lease shall be automatically extended for one year, and the rental deposit, monthly rent, and monthly management expenses shall be determined by mutual agreement between the plaintiff and the defendant.
Article 6 (Plaintiff's Special Right to Termination of Contract) Where the Defendant falls under any of the following subparagraphs, the Plaintiff may terminate this contract without any peremptory notice, and in such cases, the Defendant during the contract period.