beta
Text
1. The Plaintiff:
A. Defendant B’s KRW 14,68,564 and the interest rate of KRW 15% per annum from June 5, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On August 31, 2011, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff on the attached list (hereinafter “instant real estate”) with the lease term of KRW 10,000,00, monthly rent of KRW 1,500 (excluding value-added tax), for five years from August 31, 2011 (hereinafter “instant lease agreement”).
B. The instant real estate is used as part of the wedding hall, and Defendant C and Defendant D jointly occupy the instant real estate while operating the wedding hall in the instant real estate as a partnership business with Defendant B along with the instant real estate.
C. From April 2014, Defendant B began to delay the payment of rent from April 2014, and as of April 2015, Defendant B delayed the payment of rent for a total of five years.
According to Article 27(2) subparag. 3 of the instant lease agreement, the lessor may terminate the instant contract when the lessee fails to pay the rent for at least three months.
[Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. Since Defendant B, upon the termination of the instant lease agreement, did not pay a rent for at least five years at the time of the instant lawsuit, the Plaintiff may terminate the instant lease agreement, and the Plaintiff expressed his/her intent to terminate the instant lease by delivering a copy of the complaint in the instant case. As such, the instant lease agreement was lawfully terminated.
B. 1) In full view of the purport of the entire arguments in each of the statements in the evidence Nos. 2 and 4, Defendant B’s failure to pay the unpaid amount, as a whole, can be found to have been in arrears of KRW 9,668,564 [The amount of unpaid rent 460,500 x 1,6500 x 500 x 1,650 x 18/31 month] from December 1, 2014 to May 18, 2015, the filing date of the instant lawsuit. Accordingly, Defendant B’s failure to pay the Plaintiff KRW 9,668,564 x 2]. Thus, Defendant B’s failure to pay the amount of the oral agreement : (i) the amount of the unpaid rent 1,650,000 x 1,650 x 18/31 month).