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The Defendant, as the Plaintiff
(a) deliver each real estate recorded in the attached list leased property;
(b) 46,200,000; and
Reasons
1. Facts of recognition;
A. On July 13, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease each real estate listed in the attached list (hereinafter “each of the instant real estate”) with the term of KRW 150 million, monthly rent of KRW 21,00,000 (excluding value-added tax), and the term of lease from July 15, 2018 to June 30, 2023 (hereinafter “instant lease agreement”), and thereafter, delivered each of the instant real estate to the Defendant.
B. On March 11, 2020, the Defendant delayed payment of more than two months, and on March 11, 2020, the Plaintiff sent a content-certified mail stating that the Plaintiff will no longer maintain the instant lease agreement if the Plaintiff did not pay the Defendant the sum of KRW 46,200,000 (including value-added tax) of the rent for the second month in arrears until March 18, 2020.
C. Meanwhile, on April 20, 2020, the copy of the instant complaint was served on the Defendant on the ground that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent for more than two months.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 6 (including provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, the instant lease contract was lawfully terminated due to the Defendant’s fault.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay to the plaintiff the amount of 46,20,000 won in arrears of the amount of 46,200,000 won in arrears of the year after the delivery date of a copy of the complaint of this case from April 21, 2020 to the day of complete payment, the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from March 11, 2020 to the day after delivery of each of the real estate of this case.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.