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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b)payment of KRW 27,550,300;
(c) on January 2019.
Reasons
1. Facts of recognition;
A. On February 2010, the Plaintiff leased a building listed in the attached list (the first floor; hereinafter referred to as the “instant building”) to the Defendant with a deposit of KRW 30 million, monthly rent of KRW 1.8 million, and period from November 26, 2010 to November 25, 2012. The Defendant operated a restaurant with the trade name “C” in the said building, and the said lease agreement was implicitly renewed.
B. On November 2014, the Defendant again increased the monthly rent of at least 2.3 million won (in addition, the value-added tax is separately set) and entered into a lease agreement with the term of lease from November 26, 2014 to November 26, 2016, and the lessee entered into an agreement that the lessor may terminate the lease contract when the rent of at least two years is overdue.
(A1)C.
On November 9, 2016, the maturity date of the above lease agreement, the Plaintiff sent to the Defendant a document evidencing that “The Plaintiff, on October 17, 2016, paid in lump sum the monthly rent of KRW 10 million,000,000,000,000,000, and there is a delay in rent of KRW 330,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
The amount of the rent unpaid by the Defendant as of January 31, 2019 is KRW 29,300,300 (the rent that occurred between November 2010 and November 2014) (the rent that occurred between November 31, 2010 to November 2014 = 8,640,000 won = 2,300,000 won until January 2019 = 115,00,000,000 won in total, and ② the rent that the Defendant paid by the Defendant is KRW 29,30,300,000 won in total, from November 31, 2019 to November 31, 2014) and evidence No. 150,000 won in all pleadings.
2. Determination
A. As seen earlier, the Defendant’s unpaid rent is KRW 29,300,300 as of January 31, 2019, as seen earlier, and the instant lease agreement is concluded to the Defendant. As such, the Plaintiff’s complaint containing the Plaintiff’s declaration of intent to terminate the contract on the ground of a failure to pay rent for more than two years.