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1. The defendant
(a) deliver one-story store of 119.64 square meters in the real estate listed in the attached list;
(b)142,500,000 won;
Reasons
1. Facts of recognition;
A. On September 27, 2012, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with respect to the Plaintiff and the instant store by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 500,000,000, and October 9, 2014 with respect to the said store, on September 27, 2012, when the Plaintiff leased and operated the restaurant among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant store”).
B. From October 2012, the Defendant delayed payment of the rent, and on February 6, 2014, the Defendant issued a letter of undertaking to order the store of this case to terminate the instant lease contract automatically, and to order the store of this case.
C. The rent that the Defendant had not paid from September 2012 to January 9, 2015 is a total of KRW 117.5 million.
On the other hand, on September 25, 2013, the Plaintiff, on November 25, 2013, set the payment period of KRW 25 million to the Defendant as 1% of the interest rate per November 25, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the instant lease agreement was terminated due to the Defendant’s continued delinquency in rent after February 2014, as prescribed by the above commitment.
and is not so.
The instant lease contract was terminated upon being served on the Defendant by the instant complaint to the effect that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent.
I would like to say.
Therefore, the Defendant delivers the instant store to the Plaintiff as of January 9, 2015, calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 10, 2015 to the date of complete payment, including the sum of KRW 117.5 million in total, and KRW 25 million in total, borrowed from the Plaintiff as of January 9, 2015, and KRW 142.5 million, which is the day following the delivery date of a duplicate of the instant complaint.