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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 27, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40,000,000 with respect to the entire land floor of the C Ground Building in Mapo-si (hereinafter “instant real estate”), which is owned by the Plaintiff, from March 27, 2013 to March 27, 2015, the lease deposit amount of KRW 3,000,000 for monthly rent, and the date of payment for rent (hereinafter “the instant lease”).
B. In the context of the Special Agreement on the Lease of this case, “Management Expenses and value-added taxes are separate, and the lessee promises to comply with the lessor’s request for the execution of the lease in the event of the arrears of at least two months after the rent. The expenses incurred therefrom shall be borne by the whole lessee. The lessor may suspend the provision of electricity, water supply, etc. due to the arrears in the monthly rent. The additional charges on the arrears in the monthly rent and management expenses may be 3/1000 per a delayed day, and the lessee agrees thereto.” Other matters shall be governed by the relevant statutes and the general practices.
C. On May 2014 and June 2014, the Plaintiff was not paid on the agreed date under the instant lease agreement.
On June 24, 2014, the Defendant sent to the Plaintiff a written statement to the effect that “The Plaintiff unilaterally notifies the Defendant of the rent, etc. by the due date of the expiration of the lease term, and of the overdue rent, etc. to the sender that he would not pay the rent, electricity, water supply, management fee, etc., while unilaterally notifying the sender of the rent, etc. to deduct the rental fee from the lease deposit. However, if the lessee fails to pay the rent, electricity, management fee, etc. by the due date of the payment of the rent, the lessee shall take measures to cut down or take a fraction
E. On July 1, 2014, the Defendant entered into an agreement with the Plaintiff on July 1, 2014, for the amount of overdue rent, electricity tax, etc. by the Plaintiff (three business entities, but the representative in fact is Plaintiff 1).