beta
Text
1. From 75,200,000 won to 75,200,000 won, the Defendant shall from October 23, 2017 to the completion date of delivery of the buildings listed in the separate sheet.
Reasons
1. Basic facts
A. On October 21, 2016, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant lease agreement”) with the term of lease from December 22, 2016 to December 21, 2018, with the lease deposit amount of KRW 100 million, monthly rent of KRW 50,000 (payment on December 22, 2016) (hereinafter “instant lease agreement”).
B. After that, the Plaintiff and the Defendant failed to pay KRW 20 million out of KRW 100 million to the Plaintiff. On December 22, 2016, the deposit for the lease of the above lease was changed to KRW 80 million, and the monthly rent was KRW 600,000,000, and the Defendant paid KRW 20 million to the Plaintiff by March 23, 2017, and again agreed to change the deposit for the lease of KRW 10,000,000 to KRW 50,000,000,000.
C. However, the Defendant did not pay the Plaintiff KRW 20 million, and the Plaintiff did not pay the rent of KRW 4.8 million in total for eight months from March 2017 to October 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As seen earlier, the Defendant’s delay in paying two or more rents is clearly indicated in the record that the duplicate of the complaint of this case, on which the Plaintiff’s declaration of intent to terminate the instant lease agreement was made on the ground of the Defendant’s delay, was served on the Defendant on August 23, 2017. Thus, barring any special circumstance, the Defendant received the remainder lease deposit and the Plaintiff at the same time deducting 4.8 million won from the deposit for lease under the instant lease agreement to October 22, 2017 the sum of the overdue rents (=60 million won x 8 months) calculated by deducting 6.6 million won, which is the amount equivalent to the monthly rent from 75.2 million won to 7.2 million won (=6 million won x 8 months) from 23, 2017 to 60 million won from the date the Defendant completed delivery of the building of this case.