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1. The defendant shall be the plaintiff.
(a) Attached drawings (1), (2), (3), (4), and (1) of the real estate listed in the attached Table 1 list;
Reasons
Facts of recognition
A. On July 12, 2019, the Plaintiff entered into a housing lease agreement with the Defendant on the following terms: (a) indicated in the attached Form No. 1, (2), (3), (4), (1) with respect to the portion of 36 square meters in part (a) in the connected ship (hereinafter “instant real estate”) from July 14, 2019 to July 13, 2021; (b) with a lease deposit of KRW 10,000; (c) with a payment of KRW 5,00,000 on August 12, 2019; and (d) with a payment of KRW 5,00,000 on the remainder of the lease deposit; and (e) with a payment of KRW 5,000,000 on the remainder of the lease deposit until the remainder of the lease deposit is paid.
(hereinafter “instant lease agreement”). B.
The Defendant did not pay the remainder of lease deposit KRW 5,000,000, and paid only KRW 2,990,000 out of the monthly rent ( KRW 5,200,000 x 10 months) for the period from July 14, 2019 to May 13, 2020.
C. Accordingly, on February 21, 2020, the Plaintiff sent to the Defendant a document verifying the content of the declaration of intent to terminate the instant lease agreement due to the delayed payment of more than two times of rent. On June 9, 2020, the Plaintiff sent a copy of the instant complaint and served a written application for modification of the purport of the claim and the cause of the claim on June 9, 2020.
[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.
2. Judgment on the parties' arguments
A. Since the lease contract of this case was terminated by the plaintiff's notice of termination of the lease contract due to overdue delay in rent, the defendant delivered the real estate of this case to the plaintiff on May 13, 2020 (=5,200,000 won-2,90,000 won) as of May 13, 2020, and damages for delay calculated by the ratio of 12% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from June 12, 2020 to the day of complete payment.