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1. The Defendant’s KRW 11,923,170 for the Plaintiff and KRW 6% per annum from May 5, 2019 to May 13, 2019.
Reasons
1. Facts of recognition;
A. On December 17, 2016, the Plaintiff entered into a lease agreement with the Defendant (mutual name before the change: D) on the building F of Songpa-gu Seoul Building owned by the Plaintiff (hereinafter “instant building”).
A lessor: From January 2, 2017 to January 1, 2019, the deposit amount of KRW 60 million: From January 2, 2017 to January 1, 2019: The deposit amount of KRW 5 million per month until December 31, 2017, and the management fee of KRW 500,000 per month from January 1, 2018 shall be borne by the lessee.
If the rent in arrears of a lessee amounts to three percent, the lessor may terminate the contract immediately.
B. However, the Defendant did not pay only the rent up to April 2018, and thereafter, the Plaintiff notified the Defendant to pay the rent up to four months in arrears by September 4, 2018, and expressed his/her intent to terminate the lease contract upon nonperformance.
C. However, the Defendant did not pay the Plaintiff rent thereafter, and on May 4, 2019, delivered the instant building to the Plaintiff.
At the time of delivery, the defendant's unpaid management expenses amounting to KRW 9,669,950 in total, and the balance after deducting the deposit from the overdue rent is KRW 3 million.
[Evidence] Facts without dispute, Gap evidence Nos. 1 to 5, the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 1,923,170 won remaining after deducting 746,780 won of long-term repair appropriations which the plaintiff deducted from the sum of the rent and management expenses in arrears from the total of 12,69,950 won of the long-term repair appropriations, which the plaintiff deducted from the total of 12,666,780 won, and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from May 5, 2019, the following day of the delivery of the building of this case until May 13, 2019, which is the delivery date of the copy of the application for modification of the purport of the claim of this case and the cause of claim of this case
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.