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1. The defendant shall be the plaintiff.
(a) Of the attached list 1 real estate, each point of Schedule 2, 1, 2, 3, 4, and 1.
Reasons
1. Facts of recognition;
A. On October 26, 2012, the Plaintiff leased the lease deposit amount of KRW 4 million, monthly rent of KRW 400,000,000, and the lease period of KRW 400,000 from November 5, 2012 to November 4, 2014, to the Defendant, as indicated in paragraph (1) of this Article (hereinafter “instant store”).
(hereinafter “instant lease agreement”). B.
The Defendant did not pay rent under the instant lease agreement after June 2013.
C. On August 2013, the Plaintiff notified the Defendant that the instant lease contract was terminated if the Plaintiff did not pay the overdue rent to the Defendant, and the Defendant left the store of this case.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above fact-finding on the claim for delivery of stores and payment of rent, it is reasonable to deem that the instant lease contract was terminated by the Defendant’s leaving the instant store after the Plaintiff’s notice of termination of the contract and by implied agreement between the parties around August 2013. Thus, the Defendant is obligated to deliver the instant store to the Plaintiff and pay KRW 1.2 million for three months from May 2013 to July 2013.
[Plaintiff asserts monthly rent of KRW 440,00,00,000 including value-added tax, but it is customary for the lessor to bear the value-added tax in the absence of any express agreement at the time of concluding the contract on who is liable to pay the value-added tax. It may be said that there was an implied special agreement for the lessor to bear the value-added tax in accordance with the said practice (see Supreme Court Decision 86Meu745, Oct. 28, 1986). The Defendant’s fee to be paid shall be calculated as the amount of KRW 40,00,000 per month of the rent stipulated in the instant contract). The Plaintiff claimed the Defendant for the rent of up to October 2014 by the Defendant, but the Defendant’s store of this case around August 2013.