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1. The Defendant shall pay to the Plaintiff KRW 16,10,37 and the interest rate of KRW 15% per annum from August 3, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On April 18, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 7 million, monthly rent of KRW 1.4 million, and the lease term from April 18, 2014 to April 17, 2016, with respect to the first floor of 1063 (hereinafter “instant real estate”).
The part relating to the instant lease agreement is as follows.
Article 2 (Monthly Tax) (1) A lessee shall pay the monthly rent of KRW 1,400,000 (excluding value-added tax) in the late payment on the 10th of each month.
(3) When a lessee fails to pay a monthly rent, he/she shall pay the arrears of 15 percent per annum for each number of days in arrears.
Article 3 (Management Expenses, etc.) In addition to Monthly Taxes, the following shall be borne by the lessee:
(1) If the lessee fails to pay the monthly rent (Article 2) three or more times (limited to cases where the continuous arrears are not caused) of the object of lease (1) under Article 7 (1) of the Fire Insurance Act.
B. From July 11, 2015, the Defendant had been in arrears with the rent from July 1, 2015, and the Defendant’s declaration of intent to terminate the instant lease contract on the grounds of the foregoing delinquency in rent was served on the Defendant on January 8, 2016.
C. On May 28, 2016, the Defendant delivered the instant real estate to the Plaintiff, where the instant lawsuit is pending.
The unpaid amount among the management expenses imposed on the Defendant by May 28, 2016, the delivery date of the instant real estate, is KRW 6,971,580.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 6 through 11, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated on January 8, 2016 on the grounds of the Defendant’s delinquency in monthly rent at least three times, and thus, the Defendant from July 11, 2015 to the Plaintiff.