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1. The Defendant’s KRW 102,172,074 as well as 6% per annum from November 14, 2018 to July 25, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On April 1, 2016, the Plaintiff leased each real estate listed in the separate sheet No. 1 (hereinafter “instant store”) from the Defendant, with the lease deposit of KRW 300,000,000, KRW 18,700,000 per month of rent (including value-added tax; hereinafter the same shall apply) and the lease term of KRW 18,70,000 per year from April 1, 2016 to March 30, 2021 (hereinafter “instant lease”). Under the instant lease agreement, the Plaintiff paid the Defendant a deposit with the lease deposit of KRW 50,000 on the date of the contract, KRW 10,00,000 on April 5, 2016, KRW 150,000 on April 29, 2016, KRW 300,0000,000, and KRW 3000 on lease deposit.
B. On April 24, 2018, a fire occurred in a restaurant near the instant store (hereinafter “instant fire”) and due to the fire, there was damage, such as a fire breaking out or breaking out, in the instant store.
C. From September 30, 2016, the Plaintiff began to partly delay the rent, and repeated payment as shown in the attached Table 2, and the Plaintiff’s carry-over of the rent in the year 2017 reached KRW 91,200,000.
On May 25, 2018, the Defendant filed a lawsuit against the Plaintiff seeking delivery of a building (hereinafter “related lawsuit”) with the Seoul Central District Court 2018Gahap52238, and declared that the Plaintiff would terminate the instant lease contract on the ground of rent delay for at least two years. A duplicate of the complaint stating the declaration of intention was served on the Plaintiff on June 1, 2018.
Article 1 (Basic Contract) The payment date of rent for the last day of each month: 1,001,00 won (including value-added tax): Article 2 (Lease Deposit, Rent and Management Expenses) (7) If the rent for a month is unpaid until the due date of payment, such as management fee, etc., the lessee shall be deemed delinquent and the lessee shall claim the amount of damages according to the number of days in arrears by the rate of 4% per month for the 30 days in arrears, and the overdue interest shall be calculated by applying the rate of 5% per month from the 30 days in arrears to the due date (the due date of payment).