Text
1. The defendant
(a) deliver a building indicating the attached real estate;
B. From January 30, 2015, the above A
(b).
Reasons
1. Facts of recognition;
A. On October 22, 2009, the Plaintiff entered into a lease agreement with C to the effect that the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,000,000, and November 25, 201 with respect to the building indicated on the attached real estate (hereinafter “instant building”), and renewed the said lease agreement. C transferred the status under the said lease agreement to the Defendant on November 25, 2013.
B. On November 25, 2013, the Defendant: (a) leased the instant building from the Plaintiff as KRW 40,00,000, and KRW 2,500,000 per month in advance of the rent (value added tax) to the Plaintiff; (b) on December 31, 2013, the Defendant: (c) prepared and issued a written statement to the effect that “The Defendant shall repair the instant building on behalf of the Plaintiff and deduct deposit KRW 5,00,000,000 from deposit money of KRW 40,000,000 from deposit money of KRW 40,000 if the Defendant completely repaired the damaged portion of the building and fails to perform the said repair obligation by December 31, 203.” (hereinafter “instant first written statement”).
C. On May 4, 2014, the Defendant prepared and delivered to the Plaintiff a letter stating, “The Defendant shall pay the Plaintiff monthly rent for each month on May 15, 2014, and June 15, 2014, respectively, and shall be paid in arrears by June 30, 2014, and if the overdue rent is not paid by the said date, the monthly rent shall be increased by 1,000,000 won” (hereinafter “instant second letter”).
At the time of making each of the instant Claims 1 and 2, the Defendant agreed to pay KRW 100,000 value-added tax to the Plaintiff when paying monthly rent to the Plaintiff.
E. Meanwhile, by December 31, 2013, the Defendant did not pay for water leakage and the damaged part of the building entry rail, and thereafter, the Plaintiff repaired it.
F. On March 25, 2014, the Defendant is delinquent in paying KRW 500,00 among advance payment fees to be paid on March 25, 2014, and subsequent monthly rent and value-added tax.
G. By February 2015, the Defendant used in the instant building until February 3, 2015 the electricity charges of 3,500.