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1. From March 8, 2018 to the completion date of delivery of the building indicated in the separate sheet from KRW 9,100,000 to KRW 9,10.
Reasons
1. Basic facts
A. On September 7, 2016, the Plaintiff, the owner of the building listed in the separate sheet (hereinafter referred to as the “instant building”) prepared a lease contract with the Defendant, with a deposit deposit of KRW 10 million, monthly rent of KRW 450,000 (payment on July 7, 2016), and the period of delivery of the instant building to the Defendant, set forth 17 months (on February 7, 2018) from the date the Plaintiff delivered the instant building to the Defendant, and the Defendant paid the deposit deposit and operated the instant building with the trade name “C” at any point.
B. Although the Defendant paid the Plaintiff the rent for February 2018, the Plaintiff did not pay the rent for December 2017 and January 2018, the Defendant did not pay the rent from March 2018 to March 2018.
C. The Plaintiff sent to the Defendant a certificate of content that “the instant term of lease was 17 months and up to February 7, 2018,” and that “the delivery of the instant building was changed due to no intention to renew the contract upon the expiration of the said term,” on three occasions as of January 10, 2018, ② January 29, 2018, and ③ February 6, 2018.” The above certificate of content was served on the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 2, the purport of the whole pleadings and arguments
2. The parties' assertion
A. On January 10, 2018, Plaintiff 1 notified the Defendant of his/her intention to refuse to renew the instant lease agreement and the lease contract was terminated. ② Even if not, the Defendant’s failure to pay two or more vehicles since December 2017, and the lease contract was lawfully terminated by being served on the Defendant on the ground that the duplicate of the complaint of this case, which included the Plaintiff’s intent to notify the termination, was served on the Defendant. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 450,00 per month until the delivery of the said building is completed.
B. The lease contract of this case to the defendant.