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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. Facts of recognition;
A. On July 5, 2012, the Plaintiff leased the second floor (hereinafter “instant building”) of the building in Gangnam-gu Seoul, Seoul, with a deposit of KRW 30 million, monthly rent of KRW 3 million (excluding value-added tax), monthly management expenses of KRW 500,00 (excluding value-added tax), and the lease period of KRW 500,00 (excluding value-added tax), from July 5, 2012 to May 31, 2014; and the lessee shall pay damages for delay by 2% per month if the lessee fails to pay monthly rent and management expenses by the last day of each month.
The lease of this case is referred to as the "lease of this case"
B) B. However, the Defendant paid only KRW 10 million with the deposit of the instant lease, KRW 5 million on July 5, 2012, and thereafter, paid KRW 10 million on July 31, 2012. The remainder of the rent, management expenses, public charges, etc. were overdue upon the payment of the rent of KRW 3 million on August 2012. (C) Accordingly, the Plaintiff sent a document proving the content of demanding the Defendant to pay rent, etc. on October 8, 2012 and December 13, 2012, including the amount of unpaid public charges from KRW 3 million on April 11, 2013, and the Plaintiff did not send the document certifying the termination of the instant lease, including the amount of unpaid public charges, KRW 10 to KRW 30,500 on May 31, 2013; and (4) the Plaintiff received the remainder of the rent, KRW 30,500 on May 13, 2013.
2. Determination
A. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant, as claimed by the Plaintiff, dispute over the existence and scope of the obligation of the Defendant from August 15, 2013 to August 30, 2013, as claimed by the Plaintiff, on the grounds of unpaid rent, management fee, etc. up to April 30, 201 [23,201,753 won [3,201,753 won (561,710 won for unpaid public charges of KRW 31,650,00 for unpaid rent and management fee of KRW 31,650 for unpaid electricity charges of KRW 561,710 for unpaid electricity charges of KRW 561,710 for unpaid electricity charges of KRW 31,710 for the payment of unpaid rent and management fee)] and the scope of the obligation of the Defendant’s performance, as claimed by the Plaintiff.