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1. The defendant shall pay KRW 179,370,967 to the plaintiff. 2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. Basic facts
A. On August 24, 2015, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant store”) (hereinafter “instant lease agreement”) between September 4, 2015 and September 3, 2018, with the lease deposit amounting to KRW 200 million, the lease term from September 4, 2015 to September 3, 2018, the monthly rent of KRW 15 million, and the fourth day of each month of the payment date (hereinafter “instant lease agreement”).
B. On August 26, 2019, the Defendant prepared a letter stating that “if it fails to settle the difference in arrears, he/she will deliver the store” on January 21, 2019; and on March 2, 2020, on March 2, 2020.
(c)
Even after the completion of the above letter, the Defendant occupied the instant store without paying rent. On July 30, 2020, the Defendant delivered the said store to the Plaintiff.
[Grounds for recognition] Evidence Nos. 1 through 3, the purport of the whole pleadings
2. The Plaintiff’s determination as to the cause of the Plaintiff’s claim sought payment of KRW 181,50,000,000, in total, of the rent and value added tax due under the instant lease agreement from September 4, 2019 to July 30, 2020, when the delivery of the instant real estate was completed.
In light of the aforementioned evidence, the Defendant’s possession of the instant store during the period claimed by the Plaintiff pursuant to the instant lease agreement and did not pay rent. The Defendant is obligated to pay the Plaintiff a sum of the unpaid rent of KRW 179,370,967 ( = 165,50,000 ( = 165,500,000 x 10 months) 14,370,967 won (=16,50,000 x 27/31,967). Thus, the Defendant is obligated to pay the Plaintiff a sum of the unpaid rent of KRW 179,370,967, and the remainder of the Plaintiff’s claim in excess of the aforementioned period is without merit.
3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.