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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, as well as KRW 3,262,716 and from August 16, 2018.
Reasons
1. Basic facts
A. On November 3, 2011, the Plaintiff entered into a lease agreement with the Defendant on a deposit for lease deposit of KRW 27,400,000, monthly rent of KRW 3,390,000 (in addition to the payment for delay calculated at the rate of 18% per annum in arrears and the value-added tax), the lease term of KRW 3,390,00 (in addition to the payment for delay calculated at the rate of 18% per annum in arrears), and the lease term of November 1, 201, and the management fee (including electricity and water fees, etc.) (including the water fee, etc.) was to be paid by
In addition, the above contract was implicitly renewed on November 1, 2013.
B. On November 1, 2014, the Plaintiff and the Defendant changed the monthly rent into KRW 2,400,00 (excluding value-added tax) among the terms and conditions of the said lease, and concluded a lease agreement with the term of lease as of November 1, 2014 (hereinafter “instant lease agreement”). The said agreement was renewed on November 1, 2016.
C. As of December 15, 2017, the Defendant’s total amount of rent unpaid was KRW 15,594,400.
On December 14, 2017, the Plaintiff sent to the Defendant a certificate that the instant lease contract is terminated due to the Defendant’s delinquency in rent, and received it on December 15, 2017.
After filing the instant lawsuit, the Plaintiff was paid the monthly rent of 3 months from the Defendant.
[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. The purport of the Plaintiff’s assertion that the instant lease agreement was terminated as the Defendant’s delayed payment, and the Defendant is obliged to pay the Plaintiff the amount of KRW 15,594,400 in arrears and the damages for delay calculated by an agreement of 18% per annum from December 16, 2017 to the date of complete payment.
In addition, from March 16, 2017 to the completion date of delivery of the pertinent real estate, the amount equivalent to the rent of KRW 2,640,000 per month (=2,400,000 value-added tax of KRW 240,00) should be paid.
3. Determination
A. According to the above facts, the lease contract of this case is at least two years of the defendant.