beta
Text
1. The defendant shall pay 4,380,000 won to the plaintiff and 20% per annum from October 1, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 1, 2012, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) between October 1, 201 and October 1, 2014, with respect to the leased property of KRW 5,000,000, the rent of KRW 670,000 (the payment date 30,000 per month), and the period from October 1, 2012 to October 1, 2014.
B. According to the instant lease agreement, the Defendant paid the lease deposit to the Plaintiff, and the Plaintiff delivered the leased object to the Defendant, and the leased object of this case was used by D, the Defendant’s server, as a sales store for the attached object of this case.
C. As the Defendant delayed the payment of rent from August 2013, the Plaintiff, via a duplicate of the instant complaint, declared that the instant lease contract was terminated on the grounds of two or more following: (a) the duplicate of the instant complaint was served on the Defendant on February 10, 2014.
The Defendant delivered the instant leased object to D on September 30, 2014 by removing the accessories, etc. within the leased object through E that supplied the accessories to D.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 6, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the above lease contract was lawfully terminated on February 10, 2014 and terminated.
As such, the Defendant, as the lessee, should pay KRW 9,380,000 (=14 month x 670,000 per month) calculated by the rate of KRW 6,70,00 per month from August 1, 2013 to September 30, 2014, which is the delivery date of the leased object of this case.
However, since the Plaintiff is obligated to deduct the lease deposit amount of KRW 5,00,000 from the above amount, the Defendant ultimately applies to the Plaintiff: KRW 4,380,00 (=9,380,000 - 5,000,000) and the Plaintiff’s lawsuit promotion, etc. from October 1, 2014 to the date of full payment as sought by the Plaintiff.