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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 1, 2013, the Plaintiff, a company engaged in the wholesale and retail business of livestock products distribution business and partial processed meat, entered into a lease agreement with the Defendant, setting the lease agreement between the Defendant and the first and third floors of the building C on the ground (hereinafter “instant real estate”) owned by the Defendant, by setting the lease deposit amount of KRW 50 million, from March 1, 2013 to March 1, 2015, and the monthly rent of KRW 4.8 million from March 1, 2015 (hereinafter “instant lease agreement”).
B. According to the special terms and conditions of the instant lease agreement, ① additional tax, management fee separate, ② lessee’s promise to comply with the lessor’s act of filing a lawsuit seeking the lessor’s surrender in the event that the lessee has failed to pay a monthly tax for at least two years after the rent, and the cost incurred therefrom
(3) A lessor may suspend the supply of electricity, water supply, etc. by the lessee due to monthly rent, arrears in management expenses, etc.
(4) The arrears on monthly rent and management expenses in arrears shall be 3/1,000 per a day for delay and the lessee shall agree thereto.
C. The Plaintiff did not pay the rent for each of the pertinent months on May 5, 2014 and June 2014. On June 24, 2014, the Defendant sent, by content-certified mail, a document to the effect that if the Plaintiff does not pay the rent by the payment date, the Plaintiff would take measures to cut electricity or cut off the instant real estate in accordance with the terms and conditions of the instant lease agreement. On July 1, 2014, the document to the effect that the Plaintiff would take measures to cut electricity or cut off the instant real estate by July 4, 2014 if the overdue rent, etc. is not paid by July 4, 2014, was sent to the Plaintiff by July 4, 2014.
From July 4, 2014 to 13:47 on the same day, the Defendant took the instant measures to cut off the instant real estate by cutting off the voltage of the instant real property (hereinafter “instant measures”).
E. On July 4, 2014, after the suspension of the instant short-term measure, the Plaintiff was on July 15, 2014, and was on May 5, 2014 to the Defendant.