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1. Defendant B’s KRW 9,00,000 as well as 5% per annum from May 26, 2016 to September 28, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the instant factory site D 3,243m2 (hereinafter referred to as “the instant factory site”) and owns three single-story factory buildings on its ground (dong 396m2, Nadong 240m2, Dadong 12.48m2).
B. On March 2014, the Plaintiff concluded a lease agreement with Defendant B, and leased 2402m2 (hereinafter “instant B-dong building”) of the above factory building to Defendant B.
Deposit: 13 million won, and rent: the period of KRW 1.5 million per month (payment after March 28, 2014): From March 28, 2014 to March 28, 2016
C. Defendant B paid the entire deposit for lease on April 2016, and occupied and used the instant factory building and its site for the purpose of storing wastes, such as waste cables, upon delivery of the instant B-dong building, and delayed payment of KRW 9 million in total for six months from December 2, 2015 to May 2016.
On February 2016, the Plaintiff notified Defendant B of his intention to terminate the lease agreement on the grounds of delinquency in rent and to refuse to renew the lease agreement at the same time.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant B is obligated to pay KRW 9 million to the Plaintiff, barring any special circumstances, to the effect that Defendant B was unable to pay the Plaintiff KRW 1 million due to the commencement of the auction procedure (Jincheon District Court Branch Branch E) on the above factory building and its site. However, Defendant B’s assertion alone does not exempt Defendant B from the obligation to pay the rent. Thus, Defendant B’s defense is without merit, and the Plaintiff’s assertion is reasonable. (2) The Plaintiff also operated the waste disposal business with Defendant C as a person operating the waste disposal business with the Defendant, as the person operating the waste disposal business.