beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 2, 3, and 4, together with the whole purport of the pleadings.
(1) The Plaintiff entered into a lease agreement with the Defendant on the attached list owned by the Plaintiff (hereinafter referred to as “the leased object of this case”).
(2) On March 1, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the instant leased object by setting the lease deposit of KRW 30 million, monthly rent of KRW 700,000 (payment after January 1), from March 1, 2017 to February 28, 2018.
B. A special agreement was entered into at the time of entering into the instant lease agreement, and the parts related to the instant case are as follows.
Special Agreement
5. If the lessee fails to pay the monthly rent for at least two months, the lessor may immediately terminate the lease, and the lessee will immediately take a director and take all legal measures of the lessor;
The Defendant occupied and used the leased object of this case. D.
On July 1, 2017, the Defendant failed to pay the monthly rent to be paid to the Plaintiff.
E. On April 3, 2018, the Plaintiff was in arrears with a portion of 10 months from July 1, 2017 to the date, and thus, the instant lease agreement is terminated.
“A notice was sent to the Defendant at that time, and that notice was sent to the Defendant.
2. Determination as to the Plaintiff’s assertion on the delivery of leased object of this case
A. We examine whether the instant lease contract was lawfully terminated in determining whether the Plaintiff’s assertion on the termination of the instant lease agreement.
If the amount of the rent in arrears of the lessee under Article 640 of the Civil Code exceeds the amount of the rent in the second term, the lessor may terminate the contract, and the defendant did not pay the rent in the last ten months.